JUDGMENT
Louuai Ole Maiya, who was employed by JJ Hall on his farm, Enasoit Ranch in the Nanyuki District as a labourer, was unfortunately injured while said to be working as a cattle dip assistant on or about November 30, 1979. Even the admitted injury was serious, resulting in the amputation of Ole Maiya’s right leg below the knee. He accordingly sued Hall for negligence and for damages over and above that which he has received under the Workmen’s Compensation Act (cap 236). Section 25 of that Act provides that nothing therein shall prevent proceedings to recover damages being instituted against the employer, and, conversely, that, if he succeeds, the employee’s damages will take into account such compensation in respect of the same injury as he has received under the Act.
Before the action came on for hearing, Hall applied for security for costs under order XXV rule 1 of the Civil Procedure Rules, supporting it with an affidavit stating that if the suit was dismissed Maiya would be …