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John Kimani v William Kipkurui t/a Wilkori Building Contractors [2015] KEHC 1190 (KLR)

[2015] KEHC 1190 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1190
Citation
[2015] KEHC 1190 (KLR)
Decided
22 October 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
Typecivil appealPostureappeal from a judgment and decree of the Senior Resident MagistrateCoramC.W GITHUA
Holding

The appellant is awarded Ksh 378,208, interest at commercial rates, and costs of the appeal and the lower court.

Facts

The appellant, John Kimani, claimed payment of Ksh 378,208 for painting works at the Kenya Tea Packers Limited premises at Kericho. The respondent, William Kipkurui, denied owing the appellant any sum and claimed that he had already paid Ksh 308,000 and was entitled to a refund of Ksh 313,000.

Issues

  1. payment of Ksh 378,208 by the respondent to the appellant
  2. subcontracting agreement and breach of contract

Reasoning

The court found that the appellant was entitled to payment for the painting works and that the respondent had breached the subcontracting agreement.

Outcome

Appeal upheld

Orders

  • Award of Ksh 378,208 to the appellant
  • Award of interest at commercial rates
  • Award of costs of the appeal and the lower court

Remedies

  • Payment of Ksh 378,208
  • Interest at commercial rates
  • Costs of the appeal and the lower court
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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