Coast Development Authority v Endebess Development Co Ltd (Civil Appeal E003 of 2020) [2023] KECA 440 (KLR) (14 April 2023) (Judgment)

Facts

The Respondent claimed Kshs 62,000,000.00 from the Appellant for the purchase of block cutting machines and accessories, which were previously leased. The Appellant's tender committee approved the purchase on March 6, 2014.

Issues

1. Whether the suit was time barred by limitation of time.
2. Whether the Respondent had the legal capacity to institute the proceedings.
3. Whether the contract was rendered null and void on the grounds that the Appellant's procurement processes were out of order.
4. Whether in the execution of the contractual documents, the principles of law relating to law of contracts, the Coast Development Authority Act, Cap449 and Public Procurement Act were out of order.
5. Whether the contract was approved by the Appellant's tender committee.
6. Whether valuation was done prior to the purchase.

Reasoning

The Court emphasized that limitation as a defence must be specifically pleaded by a party relying on it, and that the system of pleadings defines and delimits the real matters in controversy between the parties.

Outcome

Affirmed