[2016] KEHC 470 (KLR)
The High Court found that the respondent did suffer a workplace injury in the course of employment with the appellant. However, the court held that the award of Kshs. 120,000 in general damages was inordinately high given the minor nature of the injury, which resulted only in a cosmetic scar and no lasting...
Source-derived case information.
- Citation
- [2016] KEHC 470 (KLR)
- Parties
- Appellant: W.E. Tilley (M) Limited; Respondent: Peter Njuguna Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 598 of 2012
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Workplace Injury, Employer Liability, Contributory Negligence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
W.E. Tilley (M) Limited
Appellant
Peter Njuguna Mwangi
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the respondent suffered injury in the course of employment with the appellant.
- 2 Whether the award of general damages by the trial court was excessive and justified by the injuries sustained.
- 3 Whether the trial court properly considered the evidence and submissions of the appellant.
Ratio Decidendi
The High Court found that the respondent did suffer a workplace injury in the course of employment with the appellant. However, the court held that the award of Kshs. 120,000 in general damages was inordinately high given the minor nature of the injury, which resulted only in a cosmetic scar and no lasting incapacity. The court substituted an award of Kshs. 50,000 in general damages, subject to a 10% reduction for contributory negligence, resulting in a net award of Kshs. 45,000. The court affirmed the respondent's entitlement to special damages, costs, and interest based on the revised figure.
Court Disposition
appeal_allowed_in_part
Orders
- General damages awarded to the respondent are reduced to Kshs. 50,000, less 10% for contributory negligence, resulting in Kshs. 45,000.
- Respondent is entitled to special damages, costs, and interest based on the revised figure.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO. 598 OF 2012
W.E. TILLEY (M) LIMITED ……………………… APPELLANT
VERSUS
PETER NJUGUNA MWANGI ………………….. RESPONDENT
Being an appeal against the judgment of Honourable D. Ole Keiwua P.M. delivered on 8th October, 2012 at Milimani commercial Courts)
JUDGMENT
The respondent filed a suit against the appellant following a fish bone prick injury in the cause of his employment. The appellant denied the claim but after the trial the lower court found in favour of the respondent and awarded him a sum of Kshs. 120,000/= general damages, Kshs. 6,000/= special damages, costs and interest. General damages were reduced by 10% which was found to be his degree of contributory negligence. The appellant was aggrieved by that judgment and filed this appeal.
In the memorandum of appeal, the appellant challenged the award of general damages which it said was manifestly excessive and not commensurate with the injuries suffered. It also contended that, the learned trial magistrate failed to attach any weight on the appellant’s submissions and testimony as to the occurrence of the incident leading to the accident.
It is my duty to evaluate the evidence adduced in the lower court to arrive at independent conclusions. From the evidence I am persuaded that the injury occurred in the cause of the employment of the respondent with the appellant. On the issue of general damages, I agree with appellant that going by the injury sustained, the sum of Kshs. 120,000/= general damages was inordinately high considering the injury sustained. Other than the cosmetic scar that remained no other concern remained with the respondent. The description of the injury itself was instructive. The respondent said as follows,
“I was working with others. Were to work on a table. Fish would be thrown on the table by a colleague known as Omondi. As I stood there Omondi threw the fish without my knowledge. So the fish bone pricked me on the middle finger and cut my skin. Then I reported to the superisor Rose who sent me to Edith to write for me a referral note to Baba Dogo Medical Clinic. I went and I was treated in hospital. “
The medical report produced does not add much to what the respondent said. Other than some blood loss suffered, no incapacity has been identified. In my judgment the correct award in general damages should have been Kshs. 50,000/= which I now substitute in place of Kshs. 120,000/=. This shall be reduced by 10% contributory negligence leaving a balance of Kshs. 45,000/=.
To that extent this appeal succeeds. The respondent shall be entitled to costs and interest based on the above figure.
Dated, signed and delivered at Nairobi this 15th Day of December, 2016.
A. MBOGHOLI MSAGHA
JUDGE