KENYA POWER & LIGHTING CO LTD V. MEMBLY HOUSING COMPANY

JUDGMENT

1. In Nairobi HCCC No. 575 of 2005, the respondent filed suit against the appellant seeking judgment for a balance of purchase price in the sum of Kshs. 1,953,864.70, interest of Kshs. 4,110,689.70 (as at May 13, 2005 and further accruing interest), a reimbursement of Kshs. 18,350.00, and general damages.

2. The respondent’s case according to its plaint was as follows: On or about August 2002, the appellant approached the respondent seeking to acquire a 40 metres wide wayleave trace crossing over part of the respondent’s property (LR Number 10901/46 registered with the Certificate of Title Number IR 57473/1) on which the appellant intended to erect and carry its 220 KV Olkaria – Dandora electricity transmission line. After negotiations, the parties agreed the price for the wayleave trace to be Kshs. 7,020,000; and upon the agreement, the appellant took possession of the wayleave trace area, had the same surveyed and proceeded to erect pylons thereon. In its letter of acceptance dated…