RULING OF THE COURT
This is an application by Chandaria Industries Limited (the applicant) under rule 5(2)(b) of the Court of Appeal Rules for a stay of execution of the judgment and decree of Kasanga Mulwa J given on 5th October, 2000.
Mathew Agwingi , (the respondent) sued the applicant in the superior court claiming damages for personal injuries he sustained on 11th August, 1994 while feeding paper into a machine in a factory owned by the applicant.The respondent lost his right hand in the accident. The Judge found as a fact that the applicant knew that the machine in question was dangerous. Witnesses called by the applicant testified that the respondent had not been assigned to work on the machine and that his duty was only to collect papers which fell on the ground. The learned Judge rejected this evidence, and he may well have been right, because whatever the position was, the respondent may have been operating the machine for the benefit of the applicant.
The learned Judge gave …