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Kenya Knitting & Weaving Mills Limited v. Kenya Power & Lighting Company Limited

(2016) JELR 100034 (CA)

Court of Appeal  •  Civil Appeal 171 of 2008  •  19 May 2016  •  Kenya

Coram
George Benedict Maina Kariuki, Jamila Mohammed, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

1. The matter before this Court is an appeal from the judgment of Warsame, J [as he then was] in HCCC 2191 of 2000 delivered on 30th November, 2007.

The appellant, KENYA KNITTING and WEAVING MILLS LIMITED, sought as damages KShs.31,656,373/= plus costs and interest from the respondent, KENYA POWER and LIGHTING COMPANY LIMITED for breach of contract.

Background

2. The appellant vide a letter of offer dated 30th October, 1997 and the respondent’s letter of acceptance dated 13th November, 1997, agreed to lease to the respondent parcels of land situated in Nairobi on Mombasa Road known as LR Nos. 37/689, 37/690 and 37/691 for a period of 5 years and 3 months from 1st December 1997 at a total rent of KShs.745,000/- per month as well as another property, L.R. No. 37/692, also leased to the respondent, at a rent of KShs.247,500/= per month (collectively referred to as the suit properties). Both parties admitted that they had agreed with the terms enumerated in the letter of…

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