Mildred Machanja t/a Learn it v Kilimani Junior Academy Limited [2005] KEHC 2587 (KLR)
- Court
- High Court of Kenya
- Case number
- 2587
- Citation
- [2005] KEHC 2587 (KLR)
- Decided
- 27 May 2005
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeContract DisputePostureAppeal from the original trialCoramCrabbe, MILDRED MACHAN, Mrs.
Holding
The court found that the contract was terminated by the Defendant, and the Plaintiff is entitled to the liquidated damages of K.Shs.3,000,000.
Facts
The Plaintiff, Mrs. Mildred Machanja, trading as Learn IT, contracted with the Defendant, Kilimani Junior Academy Limited, to install and maintain 12 computers at the school. The contract was terminated by the Defendant on June 9, 2000, and Machanja claims liquidated damages of K.Shs.3,000,000.
Issues
- Whether the contractual sum of Shs.400,000/= per term was in consideration of the Plaintiff's services.
- Whether provision of computer lessons was a fundamental term.
- Whether the contract was frustrated by non-availability of electric energy.
- Whether the contract could be performed with the regulated power rationing system.
Reasoning
The court determined that the contract was terminated by the Defendant, and the Plaintiff's services were provided as agreed.
Outcome
The Plaintiff is awarded K.Shs.3,000,000 in liquidated damages.
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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