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Stephen Obure Onkanga v. Njuca Consolidated Limited

(2013) JELR 96632 (CA)

Court of Appeal  •  Civil Appeal 309 of 2006  •  12 Jul 2013  •  Kenya

Coram
John walter Onyango Otieno, John Wycliffe Mwera, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

The appeal before us is a second appeal against the judgment of the High Court at Kisii (the late Kaburu Bauni, J) dated 5th October, 2006.

The background of this matter is that STEPHEN OBURE ONKANGA [the appellant herein], filed a suit in the Chief Magistrate’s court at Kisumu [trial court] against NJUCA CONSOLIDATED LIMITED [the respondent herein] being Civil Suit No. 452 of 2004, seeking inter alia damages for injuries he sustained during the course of his employment with the respondent.

The appellant’s case was that he was employed as a labourer by the respondent, a construction firm, at its construction site at the then proposed Itumbe Tea Factory, Gucha District. He testified that on or about 18th December, 2003, while at the said construction site, the handle of a mattock he was using to break and crash rocks and stones suddenly broke, hitting him on his forehead occasioning him severe injuries, loss, pain and damage. As a result, he sustained injuries on his…

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