Kenya Power & Lighting Co Ltd v Rassul Nzembe Mwadzaya [2020] eKLR Case Summary

Court
High Court of Kenya at Mombasa
Category
Civil
Judge(s)
D.O. Chepkony
Judgment Date
October 07, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
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Case Brief: Kenya Power & Lighting Co Ltd v Rassul Nzembe Mwadzaya [2020] eKLR

1. Case Information:
- Name of the Case: Kenya Power & Lighting Co. Ltd v. Rassul Nzembe Mwadzaya
- Case Number: Civil Appeal No. 155 of 2017
- Court: High Court of Kenya at Mombasa
- Date Delivered: 7th October 2020
- Category of Law: Civil
- Judge(s): D.O. Chepkony
- Country: Kenya

2. Questions Presented:
The court needed to resolve whether the Respondent had proven negligence against the Appellant and whether the award of Kshs. 5,161,367.50 for damages was justified.

3. Facts of the Case:
The Respondent, Rassul Nzembe Mwadzaya, filed a suit against the Appellant, Kenya Power & Lighting Co. Ltd, claiming damages for a fire that occurred on June 15, 2007. The Respondent alleged that the fire was caused by the Appellant's negligence in allowing an upsurge in power supply, which resulted in the destruction of his house and belongings. The trial court ruled in favor of the Respondent, attributing 100% liability to the Appellant and awarding damages.

4. Procedural History:
The Respondent initiated the suit in Mombasa CMCC No. 2257 of 2012 on October 8, 2012. After a trial, the magistrate ruled in favor of the Respondent, leading the Appellant to file an appeal on three grounds: lack of proof of negligence, inability to establish the fire's cause, and contesting the amount awarded for damages. The appeal was resolved through written submissions from both parties.

5. Analysis:
- Rules: The court considered the principles of negligence, particularly the need for a plaintiff to establish that the defendant owed a duty of care, breached that duty, and that the breach caused the damages claimed.
- Case Law: The court referenced the case of Anastassios Thomos v. Occidental Insurance Company Limited, which emphasized the need for a proximate connection between negligence and damages for a claim to succeed. Additionally, the court cited Edward Muriga v. Nathaniel D. Schulter, highlighting that uncontroverted evidence remains valid and that mere allegations without supporting evidence are insufficient.
- Application: The court found that the Respondent's evidence, particularly from an expert witness (PW6), established that the fire was likely caused by an electrical fault related to the Appellant's negligence. The Appellant failed to present any evidence to counter these findings, and thus the court upheld the trial court's ruling on liability. Regarding damages, the court found no conflicting evidence against the assessment provided by the Respondent's quantity surveyor, affirming the award.

6. Conclusion:
The court dismissed the appeal, affirming the trial court's judgment that found the Appellant liable for the fire and upheld the award of Kshs. 5,161,367.50 in damages. This decision reinforces the principles of negligence and the importance of evidence in civil claims.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The High Court of Kenya upheld the trial court's decision that Kenya Power & Lighting Co. Ltd was negligent in a fire incident that destroyed the Respondent's property, resulting in a damages award of over Kshs. 5 million. The ruling emphasizes the necessity for defendants to substantiate their defenses with evidence and the court's reliance on expert testimony in negligence cases.

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