YASINI V. KENYA CARGO HANDLING SERVICES LTD

GACHUHI JA

The appellant filed a claim in damages before the High Court arising from injuries sustained while discharging cargo from the hatch of a ship in the course of his employment. He had his terminal phalanges of the left middle and ring finger amputated. After that he worked for two years and then his services were terminated on the advice of the company doctor.

The judge in dismissing the appellant’s claim held that the cause of the said accident was not the fault of any of the defendants nor was it the result of any neglect of duty, contractual or otherwise of the second defendant (the second respondent) as the employer. The first defendant, the Kenya Port Authority, having been exonerated of any liability, though served with the notice and the records of appeal, did not participate in the appeal.

The facts of the case are that the plaintiff was employed as a dock worker by the respondent.On 7.4.81 he along with other workers were instructed to go on board MV Ipollitus for the …