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Joseph Kithokoi Mutia v. Kenya Power & Lighting Company Limited

(2018) JELR 100672 (CA)

Court of Appeal  •  Civil Application 152 of 2016  •  16 Feb 2018  •  Kenya

Coram
Philip Nyamu Waki, William Ouko, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

By a letter dated 24th May, 2012 to the applicant, which constituted a contract, the respondent agreed, on terms, to supply electricity to the former at his farm on PLOT No. 506 Kitoo – Kisunguni, Mutito, Kitui County. Pursuant to this contract, the appellant paid to the respondent the full requisite consideration in the sum of Kshs.34,980/-. Despite this and reminders from the applicant’s advocates, the respondent has failed or neglected to supply the applicant’s home with electricity forcing the applicant to institute a suit in the High Court for breach of contract, an award of general damages and a mandatory injunction. Subsequently, he took out an application for a temporary mandatory orders of injunction to be directed to the respondent to install, supply or provide electricity to his property.

In reply, the respondent asserted that in fact it was the applicant who had failed to pay the requisite connection charges within the specified time under the contract; t…

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