JUDGEMENT OF THE COURT
The respondent, Pamela Achieng Ogunyo, filed suit against the appellant, Kenya Power and Lighting Company Limited at the Senior Principal Magistrates Court, Migori, as a result of a sugar cane crop that had been destroyed by fire. A similar suit was instituted by the respondents' co-wife, Diana Achieng Ogunyo, against the appellant on the same cause of action. It was agreed in that court that evidence taken in the one suit would apply to the other and the same position was adopted in the two resultant appeals that were filed at the High Court of Kenya, Kisii.
When this appeal came up for hearing before us we ordered the same to be consolidated with Civil Appeal No. 315 of 2012 and both appeals were heard in this appeal.
What is the genesis of the issues that led to the said suits filed in the Migori court and the resultant appeals?
It was alleged in the respective plaints that the respondents (Pamela and Diana) were sugar cane farmers contracted by South Nyanza Suga…