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…Textiles) Ltd [1976] AC 443 held that - “Considering the Miliango’s case and the time factor between the date of accrual of damages, the filing of the suit and the time of obtaining judgment and possible appeal and time for execution…

…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…

…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 of the employee’s own negligence in execution…

…consider the provisions of section 33 of cap 2 – Interpretation and General Provisions Act which provides: “33 An act shall be deemed to be done under an Act or by virtue of the powers conferred by an Act or in pursuance or execution…