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Kenya Power & Lighting Co Ltd v. Abdulhakim Abdulla Mohamed & Mulkys Importers Limited

(2017) JELR 99967 (CA)

Court of Appeal  •  Civil Appeal 115 of 2016  •  11 May 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

On 7th December 2016, the High Court at Mombasa (Otieno, J.) set aside, on terms, a default judgment obtained by the respondents, Abdulhakim Abdulla Mohamed and Mulkys Importers Ltd against the appellant, Kenya Power and Lighting Company Ltd. One of the terms, whichtriggered this appeal, is an order requiring the appellant to deposit of Kshs 522,713,576/= in an interest earning account within 21 days from the date of the order. The appellant contends that in making that order, the learned judge exercised discretion wrongly, which justifies interference by this Court, while the respondents are of the contrary view and urge us to dismiss the appeal.

This is how this appeal ended up before us. The 1st respondent is the registered owner of the properties known as Plot Nos. 105/VI/MN and 2921/VI/MN (the suit properties) in Changamwe, Mombasa and a director of the 2nd respondent. At all material times, the 1st respondent had constructed warehouses on the suit properties,…

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