Cookie Policy
JUDGMENT OF THE COURT
This is an appeal from the judgment of the superior court (Ang’awa, J) dated 19th March 2002 in High Court Civil Case No. 732 of 1999.
The appellant, Tom Mboya Kombo (hereinafter Tom Mboya), was a 25 year old machine operator at the time he was involved in an accident in 1996, whilst the defendant, Nairobi Frame Industries Ltd, (herein after “the company”), is a limited liability company.
The plaint in the superior court filed by Tom Mboya in HCCC No. 732 of 1999 aforesaid prayed for:-
“(a) general damages for pain and suffering, loss of blood and
amenities including future loss of earnings
(b) special damages in the sum of Kshs.164,880/=
(c) general damages for loss of earnings capacity and future earning capacity
(d) costs of this case
(e) interest
(f) any other suitable relief which the court may deem fit to grant
The relevant paragraphs of that plaint state as follows:-
“3. At all material times, the plaintiff was employed by the defendant as a Machine Operator at its pr…