Fleetwood Enterprises Limited v Kenya Power & Lighting Limited [2014] KEELC 99 (KLR)
- Court
- Environment & Land Court
- Case number
- 99
- Citation
- [2014] KEELC 99 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trialCoramPresiding Judge
Holding
The court found that the Defendant trespassed on the Plaintiff's property and ordered the Defendant to remove the illegal electricity supply lines and pay damages for trespass.
Facts
The Plaintiff, Fleetwood Enterprises Limited, claimed that Kenya Power & Lighting Limited trespassed on its land by digging holes, erecting poles, and laying electric supply lines. The Defendant, Kenya Power & Lighting Limited, denied the allegations and claimed they had obtained necessary consents and approvals.
Issues
- Trespass on the suit property
- Mandatory Injunction to remove illegal electricity supply lines
- Damages for trespass
Reasoning
The court ruled that the Defendant's actions constituted trespass as they did not obtain the necessary consents and approvals before laying the power lines over the Plaintiff's land.
Outcome
Appeal dismissed
Orders
- Order for the Defendant to remove the illegal electricity supply lines from the suit property
- Order for the Defendant to pay damages for trespass
Remedies
- Removal of illegal electricity supply lines
- Damages for trespass
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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