Kenya Power & Lighting Ltd v Bhogal (Civil Appeal E017 of 2021) [2024] KECA 179 (KLR) (23 February 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 179
- Citation
- [2024] KECA 179 (KLR)
- Decided
- 23 February 2024
We hereby allow this appeal, set aside the judgement of Yano, J. dated 23rd November 2020 in Mombasa ELC Case No 276 of 2006 in its entirety. We hereby substitute therefor an order dismissing the respondent’s suit against the appellant with costs to the appellant.
Facts
The respondent, Ajit Bhogal, claimed general damages, aggravated damages, exemplary damages, a permanent injunction, and costs of the suit against the appellant, Kenya Power & Lighting Ltd, for trespass on the suit land. The appellant, Kenya Power & Lighting Ltd, claimed that the respondent trespassed on the suit land.
Issues
- whether the defendant trespassed on the plainti’s land
- whether the plainti was entitled to general damages for trespass and, if so, the quantum payable
- whether the plainti was entitled to exemplary and aggravated damages
- whether a permanent injunction could be issued restraining the defendant from entering, re-entering or remaining upon the suit land
- who was to bear costs of the suit
Reasoning
The respondent failed to prove special damages, and the learned Judge awarded nominal damages of Kshs. 20,000,000/= without any basis.
Outcome
Appeal allowed, judgment set aside, permanent injunction dismissed, costs awarded to appellant.
Orders
- Order dismissing the respondent’s suit against the appellant with costs to the appellant
- Awarding Kshs. 20,000,000/= as nominal damages to the appellant
Authorities cited
Cases cited (1)
- Jogoo Kimakia Bus Services Ltd v Electrocom International Ltd [1992] KLR 177
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