<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">This is a second appeal and one from a decision of the superior court (Nambuye, J.) given at Eldoret on 20th March, 1997. The learned judge dismissed with costs the first appeal of Kaboswa Tea Estate (the appellant) from a judgment of 9th June, 1995 of the then Senior Principal Magistrate in favour of Moses Ludenyo Ambwere (the respondent).</p><p class="ql-align-justify">The litigation between the parties began in July, 1994 when the respondent filed a suit against the appellant in the Senior Principal Magistrate&#x27;s Court at Eldoret claiming damages for injuries suffered by him whilst playing football when he collided with a member of the opposing team. In his examination-in-chief the respondent said that the accident occurred as his opponent did &quot;hand touch hitting on me&quot;. In cross-examination he said that there was foul play by his opponent.</p><p class="ql-align-justify">It is not in dispute that the respondent was employed by the appellant as a lawn mower operator and that on days off the appellant facilitated the playing o…</p>