Christopher Gwiriri v Starafrica Corporation (Private) Limited t/a Highfield Bag (Private) Limited

Key Issues

• {"issue_text":"Whether the plaintiff was a Tapeline II Machine Operator or was asked to do a job he was not familiar with","issue_type":"mixed","dispositive":"no","related_facts":"Plaintiff's role as assistant vs operator; lack of formal training"}
• {"issue_text":"Whether or not the injury suffered by the plaintiff was a result of the defendant's negligence","issue_type":"mixed","dispositive":"yes","related_facts":"Lack of training; ineffective safety devices; ordering untrained worker to operate machine"}
• {"issue_text":"Whether there is any basis at common law on which the defendant could be liable to the plaintiff for damages","issue_type":"law","dispositive":"yes","related_facts":"NSSA compensation already paid; provisions of s 9 of NSSA Notice"}
• {"issue_text":"What is the quantum of damages, if any?","issue_type":"law","dispositive":"no","related_facts":"Extent of disability; pain and suffering; loss of earnings"}

Background