Kenya Power & Lighting Company Limited v Matthew Nambeta Wanjohi
The bottom line
#Failing to formally plead a defense like 'force majeure' means you cannot use it later to avoid legal responsibility in court.
What this practically means
#Executive summary
#Key legal issues
#Whether the force majeure defence could sustain the appeal on liability
The defence fails because it was not pleaded; the trial court's finding of 100% liability is affirmed
Relying on Dakianga Distributors and Malawi Railways, the court held parties are bound by their pleadings and cannot raise a fresh case without amendment. Deciding on an unpleaded defence would deny the other party a hearing. The trial court's liability finding was therefore correct.
Whether the award of Kshs. 900,000/- general damages was excessive
The award was neither inordinately high nor based on wrong principles; it is not disturbed
Applying the Kemfro Africa principles, the court found the Appellant had not shown an irrelevant factor was taken into account or a relevant one omitted, nor that the amount was so inordinately high as to be a wholly erroneous estimate. The injuries (amputation, burns, 50% incapacity) justified the award.
Legal principles established
#- A first appellate court must re-evaluate the evidence but not interfere with trial court findings unless based on no evidence, misapprehension of evidence, or wrong principles
- Parties are bound by their pleadings and a court cannot pronounce a claim or defence not made by the parties
- An appellate court may disturb quantum only where an irrelevant factor was considered, a relevant one omitted, or the amount is so inordinately low or high as to be a wholly erroneous estimate
Court orders
#- 1.The appeal is dismissed with costs to the Respondent
- On appeal from
- Magistrates' Court (trial court)
- Not stated
- Jurisdiction invoked
- First appellate jurisdiction over the trial court's decision (appeal from the lower court in a negligence/damages suit)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Power & Lighting Company Limited v Matthew Nambeta Wanjohi", Case Analysis (2019). . Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.