MADRUGADA LIMITED V. COSMAS KIPKOECH SIGEI

JUDGMENT OF THE COURT

On 7^th April, 2005 COSMAS KIPKOECH SIGEI (the respondent) was in the course of his employment at a stable owned by MADRUGADA LIMITED (the appellant company) when his left hand was crushed by an oat- crushing machine which he was single- handedly operating thereby causing him severe injuries leading to amputation of the said limb. He filed suit against the appellant company initially seeking:- general damages; special damages to the sum of Ksh 1,500; costs of the suit; interest on both heads of damages; and any other relief which the trial court deemed fit to grant. Subsequently, the respondent amended his plaint and struck off the name of Johnty Backley, whom he had wrongly enjoined to the suit. The cost of fitting a prosthetic arm to the respondent’s amputated limb and that of a doctor’s report sanctioning the same were tabulated at Ksh 1, 037, 000 and Ksh 5, 000 respectively in the amended plaint. Cumulatively, the respondent’s claim for special damages amounted…