TIMSALES LIMITED V. STANLEY NJIHIA MACHARIA

JUDGMENT OF THE COURT

The respondent Stanley Njihia Zacharia sued the appellant Timsales Limited in the Chief Magistrate's Court at Nakuru seeking both special and general damages arising from injuries he sustained on the 18^th day of March 2001 when a chisel fell on him and cut him while he was lawfully on duty doing his authorized work with the appellants. He attributed all the injuries he suffered to the negligence of the appellant itself, its servants/or agents and/or on breach of contract and terms of employment between them (appellants/respondent), whose particulars he gave.

The appellant resisted the respondent's claim vide a defence dated the 1^st day of March 2003, in which it denied ever employing the respondent at all, or upon contractual terms of employment as pleaded. It also denied that the respondent was on the material date lawfully engaged in any work at the appellants' premises and put him to strict proof. In the alternative the appellant averred that if the respondent g…