Bedrock Holdings Limited v Rallytec Motors Limited [2019] KEHC 5930 (KLR)
- Court
- High Court of Kenya
- Case number
- 5930
- Citation
- [2019] KEHC 5930 (KLR)
- Decided
- 3 June 2019
The court found no valid contract between the parties for the period between 2006 and 2010, and dismissed both the Plaintiff's suit and the Defendant's counter-claim.
Facts
The Plaintiff claimed Kshs 151,614 for outstanding payments and interest, while the Defendant denied receiving services and claimed Kshs 492,000 for loss and damage due to negligence. The Plaintiff produced a contract document dated 1st October 2007, but the Defendant did not sign it.
Issues
- Whether there was a valid contract between the parties for the period between 2006 and 2010.
- Whether the trial court erred by dismissing the Plaintiff's claim and the Defendant's counter-claim.
Reasoning
The court held that the Plaintiff's claim was based on a contract dated 1st October 2007, which the Defendant did not sign. The court also found that the contract was not for the disposition of an interest in land, thus not subject to the provisions of the Law of Contracts Act.
Outcome
Appeal dismissed
Orders
- Both parties to bear their own costs
Authorities cited
Cases cited (3)
- Law of Contracts Act
- KUKAL PROPERTIES DEVELOPMENT LIMITED Vs TAFAZZAL H. MALOO & 3 Others
- LEO INVESTMENT LIMITED Vs ESTUARINE ESTATE LIMITED
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