SAMUEL KIMEMIA GATHOGA V. NJORO CANNING FACTORY (K) LIMITED

JUDGMENT OF THE COURT

This is an appeal arising from the Judgment of the High Court of Kenya at Nakuru (H.A. Omondi, J.) dated the 8^th day of March, 2013.

The background to the appeal is that the appellant, Samuel Kimemia Gathoga (the appellant) sued the respondent Njoro Canning Factory (K. Ltd) seeking both special and general damages together with attendant costs and interests for injuries sustained on 3^rd August, 2005, while working for the respondent company, which he attributed to the respondent’s breach of contract and or negligence as particularized in the plaint.

The respondent denied liability and attributed the injuries suffered by the appellant, if any, to the appellant’s own negligence as particularized in the defence, to which the appellant joined issue in his reply to defence.

The trial court after considering the evidence before it, ruled that the appellant was injured while on duty. Of the two contradictory medical reports that he was confronted with, the trial court belie…