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Mary Wairimu Njuguna v. Kenya Power & Lighting Company Limited

(2018) JELR 99228 (CA)

Court of Appeal  •  Civil Appeal 117 of 2016  •  15 Feb 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. By a plaint dated 16th June, 2009 filed before the Resident Magistrate’s Court at Mombasa, Mary Wairimu Njuguna, (the appellant) sued Kenya Power and Lighting Company (the respondent), for special and general damages for injuries she had suffered after being electrocuted by a live wire while crossing a road.

2. The respondent who was the supplier of the electricity transmitted through the wire in question, denied liability. The matter went to full hearing and the learned magistrate gave Judgement in favour of the appellant and awarded her Ksh. 800,000.00 as general damages and Ksh 6,265.00 as special damages. Being aggrieved with the judgment, the respondent moved to the High Court on appeal against the quantum of both the special and general damages. The High Court,( Otieno J ) heard the appeal and by a judgment rendered on 9th October, 2015, reduced the general damages from Ksh 800,000.00 to Ksh.500,0000. The judgment was silent on the fate of the special dama…

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