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Rebecca Mijide Mungole & Cleophas Ongau Omwenga v. Kenya Power & Lighting Company Ltd, Atlas Copco Eastern Africa Ltd & Falcon Signs Ltd

(2017) JELR 94047 (CA)

Court of Appeal  •  Civil Appeal 283 of 2015  •  12 May 2017  •  Kenya

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



James Omolo Mamutenda had been assigned by his employer, Falcon Signs Ltd, the 3rd respondent, to take measurements of an existing billboard on top of a building within the premises belonging to Atlas Copco E. A. Ltd, the 2nd respondent. While returning to the motor vehicle owned by the 3rd respondent the aluminium ladder he was carrying accidentally caught live electric wires laid by the Kenya Power and Lighting Co. Ltd, the 1st respondent, inflicting severe burns on him. The deceased sued the respondents jointly and severally in the Chief Magistrate Court Civil Suit No.2356 of 2006 to recover damages for these injuries.

He unfortunately died on 17th October, 2007 before the hearing and determination of his case. Following his death a limited grant of letters of administration ad litem was applied for on 25th May, 2012 and issued on 9th October, 2012 jointly to

Rebecca Mijide Mungole and Cleophas Ongau Omwenga, the appellants. The grant was, from those dates, issue…

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