Green Power Generation Company v Kenya Power and Lighting Company & another [2015] KEELC 263 (KLR)
- Court
- Environment & Land Court
- Case number
- 263
- Citation
- [2015] KEELC 263 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out the 2nd Defendant from the suitCoramO. A. Angote
Holding
The Application is dismissed as the Plaintiff has disclosed a cause of action against the 2nd Defendant.
Facts
The Plaintiff, Green Power Generation Company, claims the 2nd Defendant, Kenya Power and Lighting Company, encouraged the development of a power plant on the suit property and later sanctioned the sale of the land to minimize losses.
Issues
- Privity of contract
- Cause of action
- Time-barred
Reasoning
The Plaintiff's averment that the Ministry of Energy encouraged MEP to sell the land to minimize losses is sufficient to establish a cause of action against the 2nd Defendant.
Outcome
Application dismissed
Orders
- The 2nd Defendant is not struck out from the suit
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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