Wamuyu Decorators Company Limited v Mugoya Construction & Engineering Limited [2014] KEHC 3391 (KLR)
- Court
- High Court of Kenya
- Case number
- 3391
- Citation
- [2014] KEHC 3391 (KLR)
The Court upheld the summary judgment in favor of the Plaintiff for the sum of Kshs. 896,528/= with interest at the court rate from the date of filing suit until payment was made in full.
Facts
The Plaintiff, Wamuyu Decorators Company Limited, sought summary judgment and general damages for breach of contract from the Defendant, Mugoya Construction & Engineering Limited. The case was initially dismissed for lack of prosecution but was reinstated. The parties agreed to assess general damages through submissions, witness statements, and court documents.
Issues
- Whether the Defendant breached the contract of service between the parties
- If so, whether general damages for breach of contract are available
Reasoning
The Court found that the Defendant breached the contract of service and ordered the Plaintiff to be paid the sum of Kshs. 896,528/= with interest. The Court also ordered the assessment of general damages for breach of contract to proceed to formal hearing.
Outcome
The appeal was dismissed, and the Plaintiff was awarded the sum of Kshs. 896,528/= with interest.
Orders
- Summary judgment in favor of the Plaintiff for the sum of Kshs. 896,528/= with interest at the court rate from the date of filing suit until payment was made in full
- Order to proceed to formal hearing for the assessment of general damages for breach of contract
Remedies
- Payment of Kshs. 896,528/= with interest at the court rate from the date of filing suit until payment was made in full
- Assessment of general damages for breach of contract to proceed to formal hearing
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