KENYA POWER & LIGHTING CO. LIMITED vs WYCLIFFE ANGU KITIGIN [2004] KEHC 2047 (KLR)
- Court
- High Court of Kenya
- Case number
- 2047
- Citation
- [2004] KEHC 2047 (KLR)
- Decided
- 6 September 2004
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Senior Principal Magistrate's CourtCoramJEANNE GACHECHE
Holding
The appeal is allowed on all grounds. The judgment of the subordinate court is set aside, and the plaintiff's suit is dismissed with costs.
Facts
The plaintiff, Wycliffe Angu Kitigin, entered into a Power Supply Agreement with Kenya Power and Lighting Company. The defendant disconnected the power on September 27, 2000, without notice, citing a safety precaution. The plaintiff sought damages for defamation and unlawful disconnection.
Issues
- Whether the learned Magistrate erred in law and fact in holding that the plaintiff had proved his case.
- Whether the learned Magistrate erred in law and fact in awarding damages for breach of contract.
- Whether the learned Magistrate erred in law and fact in granting orders not prayed for and/or compromised and abandoned.
Reasoning
The court found that the plaintiff failed to prove his case for defamation and that the award of damages for breach of contract was improper. The mandatory requirement for filing suits was not met.
Outcome
Appeal allowed, judgment of the subordinate court set aside, plaintiff's suit dismissed with costs.
Orders
- Judgment of the subordinate court set aside.
- Plaintiff's suit dismissed with costs.
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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