Militons Limited v Mumias Sugar Company Limited [2018] KEHC 10249 (KLR)
- Court
- High Court of Kenya
- Case number
- 10249
- Citation
- [2018] KEHC 10249 (KLR)
- Decided
- 29 November 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeContract DisputePostureAppeal from a judgment of the High Court of Kenya at NairobiCoramMARY N. KASANGO
Holding
The court finds and holds that the claim by the plaintiff is merited and enters judgment for the plaintiff.
Facts
The defendant, MUMIAS SUGAR COMPANY LIMITED, awarded a fixed-price contract to the plaintiff, MILITONS LIMITED, for the construction of an office block and Farmer's Center at the defendant's premises in Mumias. The plaintiff completed the project but was owed Ksh 96,355,033 by the defendant.
Issues
- Amount owed by the defendant to the plaintiff
- Interest on the amount owed
- Maintenance costs incurred by the plaintiff
Reasoning
The court found that the plaintiff's claim was merited due to the defendant's failure to execute final accounts and the resulting maintenance costs.
Outcome
Judgment for the plaintiff
Orders
- Ksh 96,355,033 with interest at 19.8% from 15th March 2015 until payment in full
- Ksh 3,054,000 as at 30th March 2015 and an additional sum of Ksh 127,250 per month from 1st April 2015 until the plaintiff hands over the buildings to the defendant
- The plaintiff is awarded costs of the suit
Remedies
- Payment of the amount owed
- Maintenance costs
- Costs of the suit
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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