SCORPIO ELEGANCE LIMITED V. KENYA POWER & LIGHTING LIMITED

JUDGEMENT OF THE COURT

In this appeal, the appellant, Scorpio Elegance Limited is aggrieved with the decision of the High Court that dismissed its claim for breach of agreement for the installation of a three phase power line, for general damages for negligence and special damages for replacing the damaged borehole pump.

The appellant which operates a horticultural farm, that utilizes large quantities of underground water for irrigation, entered into an agreement with the respondent, Kenya Power and Lighting Company Limited for the installation of an additional 14KVA three phase power line. The installation involved the;

i. conversion of a low voltage overhead line to a medium voltage underground cable in order to cross a high voltage line; and

ii. upgrading of an existing single phase service cable to three phase to terminate at the meter board of the appellant’s pump house.

It was the appellant’s case that whilst carrying out the installation works in August 1991, the respondent breached…