[2019] KEHC 8687 (KLR)
The court found that the respondent generates water bills in a standard format that reflects both the outstanding balance and the current bill. It would not be reasonable or justified to require the respondent to generate bills for the applicant in a different manner. The applicant, as the bill payer, is in a...
Source-derived case information.
- Citation
- [2019] KEHC 8687 (KLR)
- Parties
- Applicant: Francis Mugaramai Kamau; Applicant: James Ngugi Kirei; Applicant: Amos Mwangi Nguru; Respondent: Nairobi City Water & Sewerage Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 159 of 2017
- Procedural Posture
- Civil Application / Ruling on Interlocutory Application
- Outcome
- application dismissed with costs
- Judges
- BT Jaden
- Legal Topics
- Interlocutory Injunctions, Utility Billing Disputes, Societies Act Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Mugaramai Kamau
Applicant
James Ngugi Kirei
Applicant
Amos Mwangi Nguru
Applicant
Nairobi City Water & Sewerage Company Limited
Respondent
Procedural Posture
Civil Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant is entitled to an order compelling the respondent to send only undisputed monthly water bills pending the hearing of the main suit.
- 2 Whether the respondent's standard billing format can be altered for the applicant's benefit.
Ratio Decidendi
The court found that the respondent generates water bills in a standard format that reflects both the outstanding balance and the current bill. It would not be reasonable or justified to require the respondent to generate bills for the applicant in a different manner. The applicant, as the bill payer, is in a position to know the current bill from the information provided. There was no merit in the application for an order to compel the respondent to send only undisputed monthly bills, and the application was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs
Orders
- The application dated 11th May 2018 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL DIVISION
HIGH COURT CIVIL CASE NO. 159 OF 2017
FRANCIS MUGARAMAI KAMAU
JAMES NGUGI KIREI
AMOS MWANGI NGURU
(Suing as chairman, Treasurer and
Secretary of Cornerstone Faith Assembly)............PLAINTIFF/APPLICANT
VERSUS
NAIROBI CITY WATER &
SEWERAGE COMPANY LIMITED.........DEFENDANT/RESPONDENT
RULING
1. The application dated 11th May 2018, seeks orders that the Defendant/Respondent by itself, its servants or agents or anyone acting on its behalf be ordered to send to the Plaintiff/Applicant only the monthly undisputed water bills for payment on time pending the hearing and determination of the main suit herein.
2. The Applicant, described as a Society registered under the Societies Act, avers that it runs a school and a health facility on LR No. Dagoretti/Riruta/5450 where it has sank and operates a borehole. That the Applicant applied for a single business permit from the Respondent for the business of sale of water to the public. A dispute has arisen over the water Bills amounting to Ksh. 2,000,000/= issued by the Respondent, hence threats of disconnection which have led to the filing of this suit herein.
3. The application is opposed. It is stated in the replying affidavit that the Respondent generates bills in a standard format which reflects both the balance and the current bill. The Respondent’s contention is that the Applicant has on several occasions denied the Respondent’s agents access to the premises to read the meter, thereby hampering the generation of the bills.
4. I have considered the application, the response to the same and the submissions made by counsel for the respective parties.
5. It is clear from the Respondent’s side that they generate bills in a standard format. It would therefore not be reasonable to have the Applicant’s bills generated in a different fashion. The Bill exhibited herein by the Respondent clearly reflects the balance brought forward and the current balance. The Applicant who pays the bills therefore ought to know with certainty what it’s current bill is.
6. With the foregoing, I find no merits in the application and dismiss the same with costs.
Dated, signed and delivered in Nairobi this 7th day of March, 2019
B. THURANIRA JADEN
JUDGE