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ELRCDismissedCivil Appeal No 203 of 2011 (transferred from High Court at Mombasa)· [2019] KEELRC 851 (KLR)

Leonard Mutua Wathome v Pasta Enterprises Limited [2019] KEELRC 851 (KLR)

Employment and Labour Relations Court
26 September 2019
LNLinnet Ndolo
795 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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An injured worker lost his appeal because he never proved his employer owned the vehicle that crashed, showing that injury alone doesn't win compensation cases.

What this practically means

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Executive summary

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This was a first appeal to the Employment and Labour Relations Court at Mombasa, transferred from the High Court by order of Njoki Mwangi J on 25th July 2018. It challenged the judgment of Hon D.M. Machage, SRM delivered on 6th September 2011 dismissing the Appellant's claim for injuries sustained as a turn boy in motor vehicle KBD 119D, which overturned on 25th August 2009 while travelling to Kampala, causing a fracture of the fourth toe and dislocation of the fifth. The Appellant raised grounds attacking the trial court's failure to consider his submissions, its finding that the Respondent was not liable for its employee's actions, and its award of costs. Linnet Ndolo J restated the duty of a first appellate court to re-evaluate the evidence and reach its own conclusions, citing Selle v Associated Motor Boat Co and Abok James Odera & Associates v Machira. The dispositive issue was causation. Applying Statpack Industries v James Munyao, the court held that the plaintiff bore the burden of proving a causal link between the Respondent's negligence and the injury, and that an injury per se does not establish liability. The Appellant had adduced no evidence proving ownership of the vehicle or the relationship between the driver and the Respondent, so his case collapsed on liability. The trial Magistrate nonetheless gave an opinion on prospective quantum, and the court, applying Printing Industries Limited v Bank of Baroda, found no basis to interfere with that discretion. The appeal was dismissed with costs to the Respondent in both courts.

Key legal issues

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01

Causation in employer liability for road traffic accidents

Holding

The Appellant failed to establish a causal link between the Respondent and the accident; the appeal on liability fails

Reasoning

The Appellant did not adduce evidence proving ownership of motor vehicle KBD 119D or the relationship between the driver and the Respondent. Applying Statpack Industries v James Munyao, the burden was on the plaintiff to prove on a balance of probability a connection between negligence and injury. Without evidence of ownership, the case collapsed at the causation stage.

p. 2
02

Quantum of damages assessed prospectively

Holding

The trial Magistrate's assessment of prospective quantum disclosed no error warranting interference

Reasoning

Although the case failed on liability, the trial Magistrate expressed an opinion on quantum had causation been established. The appellate court asked whether the trial court directed itself properly in law and fact on all relevant considerations (Printing Industries Limited v Bank of Baroda) and found nothing to warrant interference with that discretion.

p. 2

Legal principles established

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  • On a first appeal, the appellate court's duty is to re-evaluate the evidence on record and arrive at its own conclusions, giving allowance for the fact that it neither saw nor heard the witnesses first hand
  • A plaintiff bears the burden of proving a causal link between the defendant's negligence and the injury; an injury per se is not sufficient to establish liability

Court orders

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  1. 1.The appeal is dismissed
  2. 2.Costs of the appeal awarded to the Respondent in this Court and the Court below

Authorities

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Cases cited (4)

  • Selle v Associated Motor Boat Co.
    [1986] EA 123
  • Abok James Odera & Associates v John Patrick Machira t/a Machira & Co. Advocates
    [2013] eKLR
  • Statpack Industries v James Munyao
    [2005] eKLR
  • Printing Industries Limited & another v Bank of Baroda
    [2017] eKLR
On appeal from
Chief Magistrate's Court (Senior Resident Magistrate, Hon D.M. Machage, SRM)
Jurisdiction invoked
First appellate jurisdiction in employment and labour relations matters vested in the Employment and Labour Relations Court, the appeal having been transferred from the High Court pursuant to an order of Njoki Mwangi J dated 25th July 2018

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Leonard Mutua Wathome v Pasta Enterprises Limited [2019] KEELRC 851 (KLR)", Case Analysis (2019). Civil Appeal No 203 of 2011 (transferred from High Court at Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/851/eng@2019-09-26

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.