SILPACK INDUSTRIES LIMITED V. SAMWEL WAMBUA KIOKO

JUDGMENT OF THE COURT

Silpack Industries Limited (the appellant) brought this appeal, against the decision of the superior court (Mwera, J.) dated 14^th July, 1999, in High Court Civil Case No. 195 of 1996. In that suit Samwel Wambua Kioko (the respondent), impleaded the appellant for special and general damages, costs and interests, for injuries he sustained in the course of his employment with the appellant. Mwera, J. found for the respondent, assessed damages in the sum of Kshs.8500/= as special damages, and general damages as follows: -

(1) Kshs. 400,000 for pain and suffering.

(2) Kshs. 450,000 for loss of earning capacity.

He reduced from that award Kshs.137,720/= which had already been paid to the respondent under the Workman’s compensation Act and 20% thereof as contributory negligence. The balance came to Kshs.546,688/= for which he gave judgment to the respondent with costs and interest and thus provoked this appeal.

There are seven grounds of appeal, but in the course of arguing …