JUDGMENT OF THE COURT
This is an appeal from the judgment and decree of the High Court (Chitembwe, J.), dated 26th June, 2013 allowing the respondent's appeal from the judgment of the Principal Magistrate, Kakamega in Civil Case No. 21 of 2010. In that suit the respondent had sued the appellant for orders that it reconnects electricity to his premises and general damages for breach of contract. The learned Principal Magistrate granted the first prayer of reconnection of electricity but found that the prayer for general damages had not been proved. On the latter prayer the learned Principal Magistrate stated:-
“As regards general damages for breach of contract the court has not been provided with sufficient materials especially the bylaws referred to in the electricity supply agreement... and.... in any case this court does not consider general damages for breach of contract a proper remedy. In any case the plaintiff was supposed to mitigate his losses and not just expect to be compensat…