EAST AFRICAN POWER AND LIGHTING CO LTD V. ATTORNEY GENERAL

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Sir James Wicks CJ, Wambuzi and Law JJ A)

CIVIL APPEAL NO 18 OF 1978

Between

EAST AFRICAN POWER

AND LIGHTING CO LTD ..................................APPELLANT

AND

ATTORNEY GENERAL...............................RESPONDENT

JUDGMENT

Law JA The appellants are the owners of a building in Nairobi known as Electricity House. Various Government ministries and departments were interested in occupying as offices the fifth, sixth, seventh, eighth, twelfth and thirteenth floors of this building, and from 1970 to 1972 negotiations took place between the appellants, through their agents and their advocates, and the Ministry of Works, on behalf of the Government for six years’ leases of these floors at an agreed rental of Shs 18 per square foot per annum. In due course, leases were drawn up, executed and registered in respect of the fifth, sixth, seventh, eighth, and thirteenth floors. The fifth floor was occupied by the National Hospital Insurance Fund, the sixth, s…