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PURITY WAMBUI MURITHII
V.
HIGHLANDS MINERAL WATER CO. LTD

(2015) JELR 95829 (CA)

Court of Appeal 3 Feb 2015 Kenya
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Case Details

Suit Number:Civil Appeal 58 of 2014
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek
Location:Nyeri
Other Citations:Purity Wambui Murithii v. Highlands Mineral Water Co. Ltd [2015] eKLR

JUDGMENT OF THE COURT

1. Following an industrial accident which occurred at the respondent’s premises on 10th March, 2011, the appellant sued the respondent seeking inter alia: - general damages for pain, suffering and loss of earnings and special damages as a result of the injuries she sustained. At all material time, the appellant had been employed by the respondent as a casual labourer working as a packer and cleaner.

2. On the material day at around 4:45 p.m. while the appellant was cleaning the production section she slipped and fell on her back and lost consciousness. She was rushed to Outspan Hospital where she was admitted from 10th March, 2011 to 29th March, 2011. As a result of the accident the appellant sustained injuries to her left elbow, pelvic region, lower back and left knee. According to the appellant, the said accident was as a result of negligence on the part of the respondent for failing to take all reasonable precautions to ensure her safety at work.

3. The responden…

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