JUDGMENT OF THE COURT
[1] This is a second appeal arising from the judgement of the High Court (L. Njuguna, J) in which the learned Judge allowed an appeal that had been lodged by EMKAY BUILDERS LIMITED (respondent), by reducing an award of general damages made by the Chief Magistrates Court at Nairobi from Kshs.900.000/- to Kshs.500,000/-.
[2] Litigation leading to this appeal was commenced by SOSINES ORINDO (appellant) by way of a plaint dated 2nd March 2010 and filed in court on 1st April, 2010, in which the appellant sought general and special damages for personal injuries suffered by him as a result of negligence and/or breach of contract and statute on the part of the respondent as an employer. In the plaint, the appellant averred that on 16th April, 2009, whilst working for the respondent at a construction site off Muringa Road, a crane broke and metal bars fell onto him. As a result of the accident the appellant sustained injuries on the mouth with loss of teeth, fracture of the…