[2001] KEHC 144 (KLR)
The court found that the defendant, as employer, was wholly liable for the accident and injuries suffered by the plaintiff because it failed to provide a safe working environment. The plaintiff's evidence was unchallenged, and the supervisor had certified the site as safe, yet the scaffold collapsed. The court...
Source-derived case information.
- Citation
- [2001] KEHC 144 (KLR)
- Parties
- Plaintiff: Raphael Oloo; Defendant: Industrial Plant (E.A.) Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 4400 of 1987
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff against the defendant.
- Legal Topics
- Workplace Injury, Employer Liability, Damages Assessment, Breach of Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphael Oloo
Plaintiff
Industrial Plant (E.A.) Ltd
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant was liable for the accident and injuries sustained by the plaintiff at the workplace.
- 2 Whether the plaintiff is entitled to general and special damages, and loss of earnings as claimed.
Ratio Decidendi
The court found that the defendant, as employer, was wholly liable for the accident and injuries suffered by the plaintiff because it failed to provide a safe working environment. The plaintiff's evidence was unchallenged, and the supervisor had certified the site as safe, yet the scaffold collapsed. The court accepted the medical evidence of ongoing pain and disability, and awarded general damages for pain and suffering, special damages for medical expenses, and loss of earnings based on the plaintiff's salary and period since the accident. The total award was reduced by the amount already paid under the Workman's Compensation Act. The plaintiff was also awarded costs and interest.
Court Disposition
Judgment for the plaintiff against the defendant.
Orders
- The defendant shall pay the plaintiff Kshs. 1,000,000 as general damages.
- The defendant shall pay the plaintiff Kshs. 468,000 for loss of earnings.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT
AT NAIROBI MILIMANI LAW COURTS
CIVIL CASE NO. 4400 OF 1987
RAPHAEL OLOO………………………………………………………..……….PLAINTIFF
-VERSU
SINDUSTRIAL PLANT (E.A.) LTD……….…………………………………….DEFENDANTS
JUDGMENT
Background
The Plaintiff has sued the defendant for Special and General Damages for pain, suffering and loss of amenities and damage for breach of contract following an accident on 13th May, 1986 at his place of work while working for the defendant.
Liability
The plaintiff testified that he was employed by Industrial Plant (E.A.) Ltd. as an X-ray Welder. He stated that before he could attend to his work the Supervisor had to ensure that the working conditions were safe. He testified that on the material day he and his hand help had been assigned work at Kiambere Power Station where the defendant was constructing a dam. They were on a Scaffold which gave way whereupon they fell down thereby sustaining injuries. The plaintiff further testified that the supervisor had signed the necessary forms satisfying himself as to the safe working conditions.
The defendants did not adduce any evidence to rebut the plaintiff’s avernments and testimony. I find that the Plaintiff has proved its case against the defendant on a balance of probabilities and I hold the defendant wholly liable for the accident and the consequent injuries, pain and suffering.
Quantum
The plaintiff sustained injuries to the hand and lower back and lost six teeth. Presently, he experiences pain on the upper incissor especially when he takes cold food. He has severe low backache. He cannot be able to bend or lift heavy objects. The doctor opines that the backache or inability to do strenous work is very likely to persist for many years and that there are high chances he may develop complications to the back injury.
The Plaintiffs counsel cited several authorities which I have considered. Taking into account inflation and efluxion of time I award the sum of kshs.1,000,000 as general damages. The plaintiff further claims loss of earning. The plaintiff earned
kshs.2,600/- per month. It is now over 14 years since the accident took place. Being satisfied that this claim has been specifically pleaded as required by law, I award the following:-
Kshs.2,600 x 12 x 15 = Kshs.468,000/-
Special Damages were pleaded and proved as follows:
(a) Medical report Kshs. 700/-
(b) Hospital Bills Kshs.3,300/-
Total Kshs.4,000/-
There will be judgement for the plaintiff against the defendant as follows:
General damages Kshs.1,000,00
Loss of earnings Kshs. 468,000
Special damages Kshs. 4,000
Less amount paid under sub total Kshs.1,472,000
The workman’s compensation Act Kshs.18,958. 30
Total Kshs.1,453,041. 70
The Plaintiff shall have the cost of the suit and interest.
Delivered and dated this 31st day of January, 2001
KASANGA MULWA
JUDGE