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Joseph Wang'ethe v. Ew

(2019) JELR 100574 (CA)

Court of Appeal  •  Civil Appeal 15 of 2016  •  6 Dec 2019  •  Kenya

Coram
Hannah Magondi Okwengu, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] On 17th December, 2011 there was an accident involving BM (the minor), then aged 5 years. The minor was with other children on the balcony of the third floor of a building when he came into contact with a high voltage electric power line which electrocuted him. The minor suffered injuries which resulted in amputation of his right upper limb and burns on the abdomen. The minor through his mother EW (respondent in Civil Appeal No. 15 of 2016 and Civil Appeal No. 56 of 2017), sued Kenya Power and Lighting Company Limited who is the appellant in Civil Appeal No. 56 of 2017 (herein 1st appellant), and Joseph Wang’ethe, who is the appellant in Civil Appeal No. 15 of 2016 (herein 2nd appellant).

[2] In the plaint dated 11th September, 2012, the respondent contended that the accident was caused by the negligence of the 1st and 2nd appellants, particulars of which were duly given. The respondent claimed special damages of Kshs. 220,700 being the amount paid for the medi…

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