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ELDORET WHITE CASTLE MOTEL LIMITED
V.
KENYA POWER AND LIGHTING COMPANY LTD

(2010) JELR 97441 (CA)

Court of Appeal 12 Nov 2010 Kenya
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Case Details

Suit Number:Civil Appeal 53 of 2005
Judges:Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Erastus Mwaniki Githinji
Location:Eldoret
Other Citations:Eldoret White Castle Motel Limited v. Kenya Power And Lighting Company Ltd [2010] eKLR

JUDGMENT OF THE COURT

By its plaint filed in the High Court at Eldoret, on 12th October, 2004, the appellant, Eldoret White Castle Motel Limited, impleaded, the Kenya Power and Lightning Company Limited, the respondent, for a permanent injunction restraining it from disconnecting the electricity supply to its premises situated along Uganda Road within Eldoret town. Filed with the plaint was a chamber summons expressed to be brought under O.XXXIX rules 1 and 2 of the Civil Procedure Rules for an interlocutory injunction to the same effect as prayed in the plaint. The interlocutory application was heard by Gacheche J., who agreed with Mr. Kibichiy, counsel for the respondent as defendant in that suit that on the basis of the provisions of section 87 of the Electric Power Act, Act No. 11 of 1997, the court lacked original jurisdiction to entertain the suit and the application and dismissed the application with costs. This appeal is against that dismissal. Two grounds have been put forward…

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