Akram Construction Ltd v County Government of Garissa & another [2017] KEHC 2121 (KLR)
- Court
- High Court of Kenya
- Case number
- 2121
- Citation
- [2017] KEHC 2121 (KLR)
- Decided
- 9 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for entry of judgment in default of defenseCoramGEORGE DULU
Holding
Judgment is entered against the defendants for the sum of Kshs.29,153,885.55 with costs
Facts
The plaintiff, Akram Construction Ltd, filed a plaint on February 2, 2017, alleging that the County Government of Garissa and the Garissa County Secretary had refused to pay the plaintiff for work completed on four civil engineering contracts. The plaintiff claimed for payment of Kshs. 29,153,885.55 and damages for breach of contract.
Issues
- Entry of judgment in default of defense
- Statutory duty of accounting officer to pay judgment
Reasoning
The defendants failed to file defenses within the statutory period, and the plaintiff sought leave to enter judgment in default. The court granted leave and entered judgment, but ordered that the final quantum will be subject to formal proof.
Outcome
Judgment in favor of the plaintiff
Orders
- Judgment entered against the defendants for the sum of Kshs.29,153,885.55 with costs
Remedies
- Damages for breach of contract
Authorities cited
Legislation (3)
- Civil Procedure Act (Cap.21)
- Government Proceedings Act
- Civil Procedure Rules
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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