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Kenya Power & Lighting Company Limited v. Jane Wanjiru Gitau

(2018) JELR 99955 (CA)

Court of Appeal  •  Civil Appeal 298 of 2012  •  2 Feb 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, Mohammed Abdullahi Warsame

Judgement

JUDGMENT OF THE COURT

On 23rd May, 1994, Jane Wanjiru Gitau “the respondent” received a call from her farmhand with some unfortunate news that her two cows had died. Upon receiving the news, she returned to the farm, which sits on five acres behind Safari Park Hotel, Nairobi. The process of finding out what happened or caused the death was commenced by the respondent and her husband. The two cows, of Ayrshire breed, were according to her, the main source of income. She claimed that just that morning, she had milked the cows before she left the farm and the cows were then moved to a pasture where they met their untimely death.

She immediately called a qualified veterinary doctor, Dr. Mukali Mugacia, who over the years attended to the cows, for purposes of conducting post mortem and to shed light on the cause of the cows’ demise. The doctor accompanied by the respondent’s husband, also a qualified veterinary doctor, on examination noticed some burn marks on the cows’ fur and deep skin sli…

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