Compact Freight Systems Limited v Aswa Developers & Contractors Limited (Civil Appeal E003 of 2021) [2023] KECA 704 (KLR) (9 June 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 704
- Citation
- [2023] KECA 704 (KLR)
- Decided
- 9 June 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureFirst appeal by the Appellant against the judgment of the High CourtCoramP. NYAMWEYA, J. LESIIT, G.V. ODUNGA
Holding
The appeal is allowed, the judgment of the High Court is set aside, and the case is remitted back to the High Court for hearing afresh.
Facts
Compact Freight Systems Limited sued Aswa Developers & Contractors Limited for outstanding balance of Kshs 7,234,623.30 for work done and materials supplied. The Respondent claimed breach of oral agreement and sought judgment for the sum claimed.
Issues
- Whether the Respondent was entitled to the sum claimed on the basis of the valuation certificate issued by the project manager.
- Whether the learned Judge misdirected himself in law.
Reasoning
The learned Judge failed to determine issues raised by the parties in their pleadings, evidence, and submissions.
Outcome
Appeal allowed
Orders
- Judgment of PJ Otieno, J set aside
- Remitted back to the High Court at Mombasa for hearing afresh
- Each party to bear its own costs of this appeal
- Case management for setting the case down for hearing
Authorities cited
Cases cited (2)
- Selle and another v Associated Motor Boat Co. Ltd [1968] EA 123
- United India Insurance Co. Ltd, Kenindia Insurance Co Ltd & Oriental Fire & General Insurance Co Ltd v East African Underwriters (Kenya) Ltd [1985] eKLR
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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