JUDGMENT OF THE COURT
Is an employer liable for personal injuries suffered by a security guard in the course of his employment? Does the doctrine of res ipsa loquitur apply in matters of employment? What about the principle of volenti non fit injuria? Who bears the burden of proof and what is the standard of proof for the tort of negligence and/or breach of statutory obligations? These are some of the crucial questions raised for our decision in this appeal.
The two appellants challenge the finding of the High Court (Hatari Waweru J.) made on 24th February, 2012, that the respondent was not liable for the serious injuries suffered by the 1st appellant in the course of his employment. They seek to persuade us to set aside the finding on liability and enter judgment for the special and general damages assessed by that court.
The facts may be stated briefly as most of them are common ground.
The respondent is a security services provider of long standing in this country, before it changed it…