SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Mistry Javda Parbat & Company Limited v National Oil Corporation of Kenya (Civil Appeal E031 of 2024) [2026] KECA 926 (KLR) (15 May 2026) (Judgment)

[2026] KECA 926 (KLR) Court of Appeal
Read PDF
Court
Court of Appeal
Case number
926
Citation
[2026] KECA 926 (KLR)
Decided
15 May 2026
Judges
AK Murgor, KI Laibuta, GW Ngenye-Macharia
Parties
raw · defendants · plaintiffs
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment of the High Court of Kenya at MombasaCoramAK Murgor, KI Laibuta, GW Ngenye-Macharia
Holding

The Court of Appeal dismissed the appeal and upheld the High Court's judgment.

Facts

The appellant filed a suit against the respondent for payment of a construction contract amounting to Kshs.19,840,912.20, but the respondent only agreed to pay Kshs.8,484,435.69.

Issues

  1. disregarding the respondent's admission of only Kshs.8,484,435.68 as the only money payable to the appellant
  2. misconstruing the case as a special damages dispute instead of a construction contract dispute
  3. holding that the appellant did not plead for extension of time or specific certificates that had not been paid
  4. failing to apply the judicial mind
  5. descending into the arena of a Taxing Master by dismissing the appellant's suit and awarding the respondent costs of Kshs.440,000

Reasoning

The Court of Appeal found that the High Court correctly applied the law and facts of the case.

Outcome

Appeal dismissed

Orders

  • The Court of Appeal dismissed the appeal and upheld the High Court's judgment.
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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case