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Kenya Power & Lighting Company Limited v. Benzene Holdings Limited t/a Wyco Paints

(2016) JELR 99958 (CA)

Court of Appeal  •  Civil Appeal 132 & 133 of 2014  •  25 Nov 2016  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

On 15th November, 1996 fire broke out and burnt down the respondent’s premises in Industrial Area, Nairobi County where it was engaged in the business of manufacturing paint. The fire was blamed on the negligence of the appellant, the Kenya Power and Lighting Company Limited, who were subsequently sued for damages in the sum of Kshs.6,013,226. On its part the respondent denied the particulars of negligence and instead attributed the fire outbreak to the respondent’s failure to adhere to safety precautions in view of the nature of its business.

At the trial before Visram, J., as he then was, both sides called expert witnesses on the probable cause of the fire, at the conclusion of which the learned Judge accepted the respondent’s evidence that the fire was caused by an electric power surge, resulting in the emission of sparks before igniting the fire. On the other hand he dismissed the contention by the appellant that the chemical substance used in the manufacture o…

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