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East African Portland Cement Company Ltd v. Tilikia Keloi

(2016) JELR 102572 (CA)

Court of Appeal  •  Civil Appeal 24 of 2008  •  15 Jul 2016  •  Kenya

Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Fatuma sichale



This is an appeal arising from the judgment of Aluoch, J (as she then was) delivered on 26th October, 2000.

A brief background to this appeal is that EAST AFRICAN PORTLAND CEMENT COMPANY (hereinafter the appellant) was sued by TILIKIA KELOI (hereinafter the respondent) arising out of injuries sustained by the respondent whilst working as a conveyor attendant. It was the respondent’s case that the appellant failed

“... to take all reasonable precautions for ...” his safety as a result of which the “... crane suddenly snapped and ran wild in consequence whereof ...” the respondent was hit by the crane and he sustained injuries. The respondent sought general as well as special damages.

The appellant filed a defence dated 31st December, 1987 and denied liability and blamed the respondent solely for causing the accident or alternatively the same was substantially contributed by the negligence of the respondent.

The trial proceeded before Aluoch, J who entered judgment for …

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