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Kenya Power & Lighting & Co. Ltd v. Brigadier (Rtd) Peter Nyangweso Ramoya (Suing on behalf of Jalath Ramoya & Eusebius Barasa Ramoya

(2020) JELR 99968 (CA)

Court of Appeal  •  Civil Appeal 15 of 2018  •  4 Dec 2020  •  Kenya

Coram
Daniel Kiio Musinga, Sankale ole Kantai, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The genesis of this appeal is a suit filed by the Respondents against the appellant in Chief Magistrate’s Court at Busia. They claimed the appellant’s negligence for the fire that was ignited by the emission of sparks from its transformer on or about 28th February 2011 destroying their crops and fodder. At the conclusion of the case, the Principal Magistrate entered judgment on 10th July 2013 in favour of the respondents and awarded them a sum of Kshs. 5,534,000 in damages, as was assessed by the Forester and Agricultural officer.

Subsequent to the judgment, the appellant filed a Notice of Motion dated 6th August 2013 under Order 45 Rule 1 of the Civil Procedure Rules. The application besought the trial court to review its judgment based on the fact that the appellant had found new and additional evidence that could not be produced at the time of the hearing. The application was supported by the affidavits of Mitchell Menezes and Caroline Warui but that court found…

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