Nation Media Group v Ezemak Refrigeration & Contractors Ltd (Civil Appeal 95 of 2019) [2025] KECA 271 (KLR) (21 February 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 271
- Citation
- [2025] KECA 271 (KLR)
- Decided
- 21 February 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court judgmentCoramD. K. MUSINGA, ASIKE–MAKHANDIA, ALI–ARONI
Holding
The appeal is allowed, the High Court's judgment and decree are set aside, and the respondent's suit is dismissed with costs to the appellant.
Facts
The respondent, Ezemak Refrigeration & Contractors Ltd, contracted to install Carrier Chillers Equipment in the appellant's premises. The respondent later requested permission to use Dric Chiller Equipment instead. The appellant, Nation Media Group, appointed consultants to evaluate the work, leading to a dispute over the use of the chillers.
Issues
- Whether the High Court erred in its assessment of the appellant's failure to stop the works and use of the chillers
- Whether the High Court correctly determined the contract sum and the appellant's unjust enrichment
Reasoning
The court found the High Court's assessment of the appellant's actions unjustified and that the respondent did not perform as expected, leading to the appellant's loss.
Outcome
Appeal allowed, High Court's judgment set aside
Orders
- Judgment and decree of the High Court are set aside
- Respondent's suit in the High Court is dismissed with costs to the appellant
- Appellant shall have the costs of this appeal
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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