JUDGMENT OF THE COURT
In the amended plaint dated 16th March, 2007 the appellant claimed that it owned a fish processing plant located on the shores of Lake Victoria in Homa Bay town. In pursuit of its trade it had installed state of the art machinery and or equipment at the said plant to ensure quality products for both local consumption and export. The machinery required constant supply of electricity for optimum production. Towards this end on 16th July, 1992 it entered into an electricity power supply agreement with the respondent to supply 315 KVA. This demand necessitated the upgrading of the respondent’s 11 KVA line to Homa Bay by installing a 315 KVA transformer to provide the required operational voltage to cater for the appellant’s needs. According to the appellant this was necessary as a safety measure to avoid overloading the transformer. However it was alleged that the respondent did not honour its part of the bargain.
In 1993, again though the respondent agreed to provide …