TIMSALES LIMITED V. SAMUEL KAMORE KIHARA

JUDGMENT OF THE COURT

The respondent Samuel Kamore Kihara sued the appellant TIMSALES LIMITED in the Chief Magistrate's Court at Nakuru seeking both special and general damages for injuries allegedly suffered by him while in the course of his employment with the appellant. It was the respondent’s assertion that the said injuries had been occasioned due to the negligence of or breach of the contract of employment by the appellant whose particulars he gave.

The appellant resisted that claim vide a defence dated the 16^th April, 2003, in which the appellant denied responsibility for the alleged negligence or breach of contract and put the respondent to strict proof. In the alternative, the appellant averred that if any injuries were suffered by the respondent, which was denied, then the said injuries were occasioned by the respondent’s own negligence whose particulars the appellant gave.

Parties were heard. The evidence for the respondent’s case was taken down and concluded on 15^th July 2004…