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Jane Wanjiru Gitau v Kenya Power & Lighting Company Limited [2006] KEHC 1726 (KLR)

[2006] KEHC 1726 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1726
Citation
[2006] KEHC 1726 (KLR)
Decided
21 July 2006
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypecivilPostureAppeal from a previous judgmentCoramJ. B. Ojwang
Holding

The defendant's application for review and substitution of orders regarding interest, costs, and the sum awarded for the replacement of the heifers is dismissed. The principal decretal sum is marked as partly adjusted by a sum of Kshs.100,000.

Facts

The plaintiff, Jane Wanjiru Gitau, claimed compensation from the defendant, Kenya Power & Lighting Company Limited, for the death of two Ayrshire cows and related losses.

Issues

  1. Interest on compensation for loss of income
  2. Interest on costs
  3. Reassessment of the sum awarded for the replacement of the heifers
  4. Adjustment of the principal decretal sum

Reasoning

The court upheld the original judgment, finding that the plaintiff had not threatened execution despite the principal decretal sum being paid.

Outcome

Appeal dismissed

Orders

  • Interest on Kshs.1,080,000 and Kshs.72,000 from the date of judgement
  • Interest on costs set aside
  • Reassessment of the sum awarded for the replacement of the heifers to Kshs.80,000
  • Principal decretal sum partly adjusted by Kshs.100,000
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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