REBECCA MIJIDE MUNGOLE & ANOTHER
V.
KENYA POWER & LIGHTING COMPANY LTD & 2 OTHERS

JUDGMENT OF THE COURT

James Omolo Mamutenda had been assigned by his employer, Falcon Signs Ltd, the 3^rd respondent, to take measurements of an existing billboard on top of a building within the premises belonging to Atlas Copco E. A. Ltd, the 2^nd respondent. While returning to the motor vehicle owned by the 3^rd respondent the aluminium ladder he was carrying accidentally caught live electric wires laid by the Kenya Power and Lighting Co. Ltd, the 1^st respondent, inflicting severe burns on him. The deceased sued the respondents jointly and severally in the Chief Magistrate Court Civil Suit No.2356 of 2006 to recover damages for these injuries.

He unfortunately died on 17^th October, 2007 before the hearing and determination of his case. Following his death a limited grant of letters of administration ad litem was applied for on 25^th May, 2012 and issued on 9^th October, 2012 jointly to

Rebecca Mijide Mungole and Cleophas Ongau Omwenga, the appellants. The grant was, from those dates, issue…