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Kenya Power & Lighting Company Limited v. Fleetwood Enterprises Limited

(2017) JELR 99956 (CA)

Court of Appeal  •  Civil Appeal 80 of 2016  •  22 Jun 2017  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

The respondent bought all that piece or parcel of land known as Plot Number 514 R, Malindi “the suit premises” measuring 43.2 hectares sometimes in 2007 and was duly issued with the necessary documents of title. Immediately thereafter, the respondent engaged the services of a surveyor to subdivide the suit premises with a view to selling the subdivisions, as it was engaged in the business of property development. However, in or about April 2009, the appellant without any prior notice to or consent of the respondent, through its employees, servants and or agents invaded the suit premises, dug holes and erected electricity poles and thereafter laid electric supply lines thereon. The respondent deemed the appellant’s actions trespass and in breach of Section 46 of the Energy Act. The respondent repeatedly asked the appellant to move out of the suit premises and remove the electricity poles together with the supply lines so as to bring the trespass to an end but its r…

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