Search court decisions

…himself risks necessarily incidental to him employment.…

…It is an implied term of employment that an employer will make the conditions of employment to his employee absolutely safe and will not expose his employees to any danger to avoid any negligence, but will not be responsible…

…But the employee is under duty to mitigate hisloss by taking other employment which is suitable andavailable.…

…employment.…

…However, on December 11 1977, the security guard Moses Aila, stole 16 cases or caused them to be stolen, in the course of his employment.…

…It is said that the act complained of was not within the scope of the employment of the guard and was wholly unauthorized.…

…JUDGMENT This is an appeal from a judgment of Bhandari J following a hearing which took place at Mombasa to determine the claim of the appellant as plaintiff that the defendant summarily and wrongfully dismissed him from his employment…

…The defendant’s contention is that whilst in the employment of the defendant as a toll collector, the defendant falsified entries in the ticket machine used by him in the course of collecting fares at the ferry, causing the…

…The court was referred to decisions of the High Court allowing for valuable remunerated employment after retirement from the Civil Service, and the courts would do well to consider that situation whenever it arises.…

…If a civil servant has prospects of further employment which he would lose, no doubt account should be taken to that. In the present case for some reason that was not put forward.…

…The plaintiff’s claim relates to alleged wrongful summary dismissal from his employment by the defendants.…

…The defence is that the plaintiff’s dismissal from employment was proper and does not provide him with a cause of action in the suit. That is certainly an arguable point.…

…The remaining years of employment were only 4. Considering that he would have moved into private sector as his wife said he had a garage opened to operate on retirement.…

…The plaintiff in the present case is still retained in his employment but the fact that the peri-arthritis in the right shoulder is a permanent feature has to be taken into account.…

…DEFENDANTS JUDGMENT By this action the plaintiff seeks to recover from the defendants damages for the personal injuries which he suffered when the upper wall of the pit in which he was working in the course of his employment…

…The plaintiff’s residual disability when combined with the fact that he is illiterate render him totally unfit for any gainful employment.…

…On the 10th October, 1987, he was injured in the course of his employment with the Defendant.…

…It was the unanimous opinion of the 3 surgeons that the severe injuries which he sustained have almost utterly destroyed his opportunities in the employment market and have permanently consigned him as a dependant of another…

…The third defendant by reason of his being their employer and the assault having been committed by the first two defendants in the course of their employment is also liable.…

…The facts giving rise to this appeal are that the Appellant, in the course of his employment by the Respondent Port Authority was driving a tractor for the purpose of moving scrap metal, which was being stacked on the tractor…

…He further alleges that at the time of the accident the two vehicles were being driven by their respective drivers as the servants or agents of their respective owners in the course of their employment and/or within the scope…

…He further alleges that at the time of the accident the two vehicles were being driven by their respective drivers as the servants or agents of their respective owners in the course of their employment and/or within the scope…

…The salient facts are that on the day in question, 4 April 1985, the plaintiff (who now appeals to this Court) was involved in a motor vehicle accident; when he was driving his employer’s vehicle in the course of his employment…

…The Defendant has not alleged anywhere that the person piloting the Ferry at the time of the accident was not doing so in the course of his employment.…

…claims referred to in subsection (1) (a) are - (a) any claim to the possession or ownership of a ship or to the ownership of any share therein; (b) any question arising between the co-owners of a ship or as to possession, employment…