Golden Jubilee Limited v Misty Jadva Parbat & Company Limited (Civil Appeal 8 of 2018) [2022] KECA 812 (KLR) (28 April 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 812
- Citation
- [2022] KECA 812 (KLR)
- Decided
- 28 April 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from High Court JudgmentCoramFred A. Ochieng, K. M'Inoti, Dr. K. I. Laubuta
Holding
The Court dismissed the appellant's appeal and upheld the High Court's order for summary judgment.
Facts
Golden Jubilee Limited and Misty Jadva Parbat & Company Limited entered into a construction contract for the construction of hotel structures. The appellant claimed liquidated damages for non-completion, but the respondent argued that the architect's certificate was conclusive evidence of completion.
Issues
- Who should ascertain liquidated damages for non-completion?
- Is the architect's certificate conclusive evidence of completion?
Reasoning
The Court held that the architect's certificate is not conclusive evidence of completion and that the appellant's claim for set-off or counterclaim was not established.
Outcome
Appeal dismissed, High Court's order upheld
Orders
- The appellant's appeal is dismissed.
- The High Court's order is upheld.
- The costs of the appeal are borne by the appellant.
Authorities cited
Cases cited (1)
- Hosier and Dickinson Ltd v P and M Kaye Ltd (1971) 1 All ER p.301
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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