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Samuel Kimemia Gathoga v. Njoro Canning Factory (K) Ltd

(2017) JELR 93705 (CA)

Court of Appeal  •  Civil Appeal 167 of 2013  •  22 Nov 2017  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



The appeal arises from a decision of the High Court (H. A. Omondi, J.) dated the 8th day of March, 2013, on an appeal arising from the Judgment of the Senior Principal Magistrate’s Court at Molo (S.M.S. Soita. PM).

The background to the appeal is that, the appellant was an employee of the respondent. He sustained injuries on the 7th day of June, 2007 while in the course of his employment with the respondent. He blamed the respondent for the injuries suffered on account of either a breach of contract or negligence as particularized in the plaint. The respondent resisted the claim. After the trial, the learned trial magistrate after assessing and analyzing the record before him and applying the law cited to him by either side, found the respondent 100% liable for the injuries suffered by the appellant in the course of duty and awarded him Kshs. 130,000 general damages.

The respondent was aggrieved and appealed to the High Court. The High Court after re-evaluating and …

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