Mistry Javda Parbat & Company Limited v National Oil Corporation of Kenya (Civil Appeal E031 of 2024) [2026] KECA 926 (KLR) (15 May 2026) (Judgment)
- 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
- disregarding the respondent's admission of only Kshs.8,484,435.68 as the only money payable to the appellant
- misconstruing the case as a special damages dispute instead of a construction contract dispute
- holding that the appellant did not plead for extension of time or specific certificates that had not been paid
- failing to apply the judicial mind
- 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.
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