Kenya Power & Lighting Company Limited v Jane Wanjiru Gitau [2018] KECA 738 (KLR)
- Court
- Court of Appeal
- Case number
- 738
- Citation
- [2018] KECA 738 (KLR)
The appeal is partially successful, with interest on loss of income from milk and manure sales to accrue from the date of judgment, the award of Kshs. 37,000/- as professional fees to be disallowed, and the period of loss to be reduced from 24 months to 6 months.
Facts
The respondent, Jane Wanjiru Gitau, claimed that her two cows died due to electrocution caused by power cables belonging to Kenya Power & Lighting Company. The cows were on her farm, and she had called a veterinary doctor to conduct a post-mortem examination.
Issues
- Whether the trial court erred in awarding interest on loss of income from milk and manure sales from the date of filing suit
- Whether the trial court erred in awarding Kshs. 37,000/- as professional fees
- Whether the trial court erred in awarding costs and interest from the date of judgment
Reasoning
The court allowed the appeal on the grounds of interest on loss of income from milk and manure sales, disallowing the award of Kshs. 37,000/- as professional fees, and reducing the period of loss from 24 months to 6 months.
Outcome
The appeal is partially successful.
Orders
- Interest on loss of income from milk and manure sales to accrue from the date of judgment
- Disallowing the award of Kshs. 37,000/- as professional fees
- Reducing the period of loss from 24 months to 6 months
Remedies
- The respondent to be awarded Kshs. 200,000/- for the market value of the cows, Kshs. 1,080,000/- for loss of income from milk sales for 6 months, Kshs. 72,000/- for loss of income from manure sales for 6 months, and Kshs. 37,000/- for veterinary services
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