Balozi Kenga v Kenya Power & Lighting Co. Ltd [2021] KEHC 5416 (KLR)
- Court
- High Court of Kenya
- Case number
- 5416
- Citation
- [2021] KEHC 5416 (KLR)
- Decided
- 6 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Chief MagistrateCoramNzioka
Holding
The court found that the appellant failed to prove his case on a balance of probabilities and dismissed the suit.
Facts
The appellant, Balozi Kenga, filed a suit against the respondent, Kenya Power & Lighting Company Ltd, seeking an injunction to prevent the disconnection of electricity supply and general damages. The appellant claimed that the respondent cut off electricity supply without notice, causing loss of business earnings.
Issues
- Whether the appellant proved his case on a balance of probabilities
- Whether the trial court erred in dismissing the appellant's suit without reasonable cause
Reasoning
The court held that the appellant did not provide sufficient evidence to prove his case, and the trial court's decision was not clearly wrong.
Outcome
Appeal dismissed
Authorities cited
Cases cited (12)
- Selle & Another V Associated Motor Boat Co. Ltd (1968) EA 123
- Mbogo Shah (1968) EA 93
- Ezekiel Ngari Wanjohi V Leba Inyangala & others CA Number 44 of 2002[2002] LLR
- Chege Gitahi V Maboko Distributors Ltd CA No.65 of 2004[2005]1EA 65
- Galaxy Paints Company Ltd V Falcon Guards Ltd [2000] 2 EA – 285
- RTS Flexible Systems Ltd V Molkereri Alois Muller GMbH PCO KG [2010] UUSC 14
- National Bank of Kenya Ltd V Pipe Plastic Samkolit(K) Ltd[2001]eKLR
- Samuel K.Macharia V Daima Bank Ltd [2008]eKLR
- Aziz V Bhatia Brothers Ltd [2000]1EA10 CAT
- Manjir V Beguin[1957]EA101
- Fatal Kassan[1960] EA 1042
- Mlay V Pemesi EA (1968) EA 563
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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