JUDGMENT OF THE COURT
The appellant, Kenya Shell Ltd. is aggrieved by the judgment of the superior court, Wambilyangah, J. delivered in favour of the respondent on 25th September, 2003 at Kisii.
In the superior court, the respondent’s case against the appellant was that on 2nd February, 1997 a diesel tank belonging to the appellant leaked into the respondent’s well. The respondent’s farm was 200 metres from Kiamokama Tea Factory where the diesel tank had been installed. The respondent is a farmer who kept pedigree cattle on her farm and her only source of water for the cattle was a twenty eight (28) feet deep borehole on her farm.
The respondent gave evidence that on 2nd February, 1997 she discovered that the water from her borehole had been contaminated with diesel which had “escaped” from a leaking tank at Kiamokama Tea Factory and seeped into the borehole. Following the alleged leakage, the appellant company made effort to clean her borehole but their effort was unsuccessful and the w…