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Redland Roses Limited v. Hiribo Mohammed Fukisha

(2015) JELR 94072 (CA)

Court of Appeal  •  Civil Appeal 84 of 2011  •  30 Jan 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Daniel Kiio Musinga, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

The appellant being aggrieved by the judgment and decree of the High Court, appeals against the award to the respondent of Kshs. 806,280/- being compensation under the Workmen’s Compensation Act, Kshs. 5000/- as special damages and costs.

The respondent filed a suit against the appellant claiming special damages, general damages and loss of future earning as a result of serious bodily injuries he sustained due to exposure to hazardous chemicals. He pleaded, inter alia, that he was employed as a chemical sprayer in the appellant’s rose flower farm at Ruiru in Thika from 16th June 1996; that he was exposed to hazardous chemicals in the process of spraying fields of roses; that he sustained serious bodily injuries – namely, chemical hepatitis due to hydrocarbon; chemical dermatitis and chemical pneumonitis and that the injuries were occasioned to him by reason of the negligence and breach of contract by the appellant. The particulars of negligence pleaded against the …

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