JUDGMENT
INTRODUCTION
This action arises from a tragic industrial accident that has deprived a family of its breadwinner and calls for a careful examination of the duty owed by an employer to safeguard the lives of its workers. The Plaintiffs, suing as representatives of the deceased's estate, issued a writ of summons and a statement of claim in the registry of this court on the 3rd day of December 2024 against the defendant for the following reliefs;
a) General damages for negligence
b) Costs of this action
They contend that his death, which occurred on 27th July 2023 at the Defendant’s factory, was caused by the Defendant’s negligence in failing to provide a safe system of work and safe equipment, particularly a functional safety mechanism on a mixer machine. The Defendant denies liability and maintains that the accident was caused wholly, or at least substantially, by the deceased’s own conduct.
The broad facts are largely undisputed. …