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Kenya Power & Lighting Company Ltd v. Karuri Hotels Limited & Electricity Regulatory Board

(2002) JELR 99951 (CA)

Court of Appeal  •  Civil Appeal 54 of 2001  •  22 Feb 2002  •  Kenya

Coram
Johnson Evan Gicheru, Emmanuel Okello O'Kubasu, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

This is an appeal (with leave) by the first defendant from a decision of the superior court (Mrs. Khaminwa, a Commissioner of Assize) given on 30 January, 2001.

By a plaint dated 27 November, 2000 , the plaintiff sued the first defendant, Kenya Power and Lighting Company Limited and the second defendant, Electricity Regulatory Board seeking declarations concerning the supply of electricity to the plaintiff and various consumers of electricity in Mombasa.

The plaintiff also filed an application on the same day to file the suit as a representative suit.

This application was granted on the same day and so was an injunction. No notice of appeal was given on behalf of the appellant but by a notice of preliminary point dated 5 December and filed on 6 December , the first defendant contended that the Court had no jurisdiction, that the orders sought were not available and the levies and decisions made by the first defendant cannot be challenged. The preliminary point was he…

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