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Farrah v. Kenya Ports Authority

(1992) JELR 104897 (CA)

Court of Appeal  •  civ app 138 of 91  •  16 Mar 1992  •  Kenya

Abdul Majid Cockar, John Mwangi Gachuhi, Alan Robin Winston Hancox



Farrah v. Kenya Ports Authority

Court of Appeal, at Mombasa ` March 16, 1992

Hancox CJ, Gachuhi, Cockar JJ A

Civil Appeal No. 138 of 1991

March 16, 1992, Hancox CJ, delivered the following Judgment.

The facts giving rise to this appeal are that the Appellant, in the course of his employment by the Respondent Port Authority was driving a tractor for the purpose of moving scrap metal, which was being stacked on the tractor by the operator of a fork lift who was another employee of the Ports Authority, but who has since retired.

The plaint contained the usual provision in these master and servant cases, namely that the Authority was obliged to provide a safe system of work, plant and appliances, so as to enable him to carry out his duties without undue risk of damage or injury to himself. The next following paragraph avers that at about 11 am on the 28th October, 1986 the Appellant was seriously injured when he slipped and fell whilst alighting from his tractor.

“as per the ins…

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