DENSHIRE MUTETI WAMBUA V. KENYA POWER & LIGHTING CO. LTD

JUDGEMENT OF THE COURT

The contest in this appeal is only in respect of quantum of damages awarded to the appellant, Denshire Muteti Wambua, by the High Court in H.C.C.C. No.865 of 2001 for injuries sustained by him while working in the field as an artisan in the course of his employment with the respondent, Kenya Power and Lighting Co. Ltd.

The brief facts giving rise to the injuries and hence the claim for damages are that the appellant as an employee of the respondent was instructed by the respondent on or about 12^th August 1998 to lay overhead electric cables. In the course of doing so, the pole upon which he was working fell to the ground as a result of which he tumbled-down to the ground and suffered injuries. He was hospitalized for 77 days.

After the incident, the appellant instituted in the High Court the said suit against the respondent seeking damages for the injuries sustained in the accident. In paragraph 8 (i) of the plaint he stated:

Particulars of injuries

Serious injuries …