TILE & CARPET CENTER WAREHOUSE V. DAVID ODHIAMBO OKELLO

JUDGMENT

1. The respondent herein filed suit against the appellant in RMCC No. 375 of 2015, pleading that at all material times he was employed by the appellant. On or about 3rd October 2013 while he was on duty making a water tank, a machine cut his hand and finger thereby causing him severe injuries loss and damages.

2. The respondent averred that the accident was occasioned by the negligence on the part of the appellant in failing to provide safety work systems, protective gear and/or equipment. He therefore prayed for judgment against the appellant for general damages, special damages at Kshs.2,934/=, costs and incidentals to the suit, interest at court rates and any other relief.

3. In the course of proceedings, the parties entered a consent on 29th May 2017 that liability be apportioned at 30% on the part of the respondent and 70% on the appellant, and that two medical reports on the respondent be admitted as exhibits. The trial magistrate observed that the medical report by Dr Adede conclu…