KENYA POWER & LIGHTING CO. LTD V DIANA ACHIENG OGUNYO [2012] KEHC 1035 (KLR)
- Court
- High Court of Kenya
- Case number
- 1035
- Citation
- [2012] KEHC 1035 (KLR)
- Decided
- 21 September 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the Senior Principal Magistrate's CourtCoramR. LAGAT-KORIR
Holding
The appeal is dismissed with costs to the respondent. The award of Kshs. 75,000 in special damages is upheld.
Facts
Respondent Diana Achien Ogonyo sued Kenya Power & Lighting Co. Ltd for the loss of her sugarcane crop due to fire caused by a faulty electrical cable owned by the appellant. The respondent claimed special damages of Kshs. 75,000.
Issues
- Whether the respondent proved her case in the lower court
- Whether the respondent had locus standi
- Whether the quantum was proved and justifiable
Reasoning
The court found that the respondent proved her case in terms of special damages, but the award was subject to deductions for inputs and other administrative costs. The court also found that the respondent had locus standi.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs to the respondent
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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