Kenya Power & Lighting Company Ltd v James Muli Kyalo & another [2020] KEHC 659 (KLR)
- Court
- High Court of Kenya
- Case number
- 659
- Citation
- [2020] KEHC 659 (KLR)
- Decided
- 18 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of Chief Magistrate's CourtCoramE. C MWITA
Holding
The court held the appellant 100% liable and awarded damages as previously mentioned.
Facts
The deceased, Stanloos Kimilu Kyalo, died due to electrocution at a construction site. The widow, Agnes Mwongeli Kimilu, sued the appellant, Kenya Power & Lighting Company Ltd, for general and special damages.
Issues
- Appellant's liability
- Quantum of damages
- Burden of proof
Reasoning
The court re-evaluated the evidence and found the appellant 100% negligent, shifting the burden of proof to the appellant.
Outcome
Appeal dismissed
Authorities cited
Cases cited (3)
- Williamson Diamonds Ltd and another v Brown [1970] EA 1
- PIL Kenya Limited v Oppong [2009] KLR 442
- Abok James Odera t/a A.J Odera & Associates v John Patrick Machira t/a Machira & Co. Advocates [2013] e KLR
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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