Turn-O-Metal Engineers Limited v Ministry of Medical Services & another (Civil Appeal 552 of 2019) [2025] KECA 896 (KLR) (23 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 896
- Citation
- [2025] KECA 896 (KLR)
- Decided
- 23 May 2025
AI Summary
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TypecivilPostureappeal from a judgment of the High CourtCoramA. O. Mucelule, F. Ochieng, S. Gembu Kairu
Holding
The appeal is dismissed, and the appellant is ordered to bear its own costs of the appeal.
Facts
Turn-O-Metal Engineers Limited contracted with the Ministry of Medical Services to provide services for drilling, construction, and development of boreholes for water supply in Kenya. The contract was partially completed, but the Ministry of Medical Services allegedly frustrated the appellant's performance.
Issues
- whether the appellant's claim for special damages was established
- whether the appellant's claim for general damages was established
Reasoning
The court found that the appellant's claim for special damages was not established and that the claim for general damages lacked foundation. The court also acknowledged the appellant's acknowledgment of its slow performance and the delays experienced.
Outcome
dismissed
Orders
- each party shall bear its own costs of the 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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