[1] This appeal essentially raises the question as to whether the appellant is obligated under subsections 24(1) and 24(5) of the Electricity Supply Act 1990 (" ESA 1990") to supply electricity to occupiers of land upon request being made for the same, notwithstanding those persons not being entitled to occupy the premises which they seek to have supplied with electricity.

[2] The respondent pleaded case against the appellant is trespass for the supply of electricity to the occupiers and emplacement of conduits and elements incidental to the supply on the land without the consent of the respondent as the owner of the said land.

[3] The High Court found in favour of the respondent and held that the appellant was liable for trespass. The Court of Appeal dismissed the appellants appeal and affirmed the judgment of the High Court.

[4] On 15 September 2017, this Court had granted leave for the following questions of law:

Question 1

Whether an action in trespass is maintainable in law when the period of the alleged trespass is for the same period when a stay order of the High Court was in force in respect of the subject land?

Question 2

Whether an action in trespass is maintainable against