CHARLES MURIUNGI T/A C.M. STEEL ERECTORS & GENERAL BUILDING CONTRACTORS v ELIZABETH KUHER-HEIER [2010] KEHC 97 (KLR)
- Court
- High Court of Kenya
- Case number
- 97
- Citation
- [2010] KEHC 97 (KLR)
- Decided
- 9 December 2010
The plaintiff is awarded Kshs. 157,560 for the additional works and materials. The defendant is awarded general damages of Kshs. 20,000 for the plaintiff's breach of contract.
Facts
The plaintiff, Charles Muriungi, contracted to build a five-roomed bungalow on the defendant's plot. Additional works and materials were carried out and supplied to the defendants in accordance with the defendant's instructions. The defendants refused to pay the sum of Kshs. 667,560.
Issues
- Amount owed by the defendants
- Completion of the work within the agreed period
Reasoning
The court found that the defendants were entitled to damages for the plaintiff's breach of contract and awarded general damages of Kshs. 20,000. The plaintiff was awarded Kshs. 157,560 for the additional works and materials.
Outcome
The plaintiff is awarded Kshs. 157,560 and general damages of Kshs. 20,000. The defendant is awarded Kshs. 20,000 in general damages. The plaintiff bears the costs of the 2nd defendant.
Orders
- Judgment in favor of the plaintiff against the 1st defendant for Kshs. 157,560
- Judgment in favor of the defendant against the plaintiff for Kshs. 20,000 in general damages
Remedies
- Interest on the sums awarded each party at commercial rates with effect from the date of filing suit until payment in full
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