JUDGMENT OF THE COURT
The appellant, Bildad Mwangi Gichuki, was an employee of the respondent, TM-AM Construction Group (Africa). On 8th August, 1996 when he was engaged in repairing a lorry belonging to the respondent, a chain holding the trailer of the lorry snapped from the crane hook and fell on him. He sustained several severe injuries and lost consciousness for sometime. He was admitted at Tabaka Mission Hospital, somewhere near Homa Bay and thereafter brought to Nairobi West Hospital for further treatment.
On 22nd July, 1998 the appellant filed H.C.C.C No. 1617 of 1998 in the superior court alleging the respondent was negligent. The respondent filed its defence on the 13th day of November, 1998 denying the allegation of any negligence. By this time, the appellant had since been dismissed from employment by the respondent as at the end of December, 1996.
The matter came for hearing in the superior court, (Ang'awa J.) on 2nd February, 2000 when a consent was entered, in as far as li…