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Aliff Construction Compant Limited v. County Government of Tana River & Jumtech Limited

(2019) JELR 106165 (CA)

Court of Appeal  •  Civil Appeal 3 of 2018  •  4 Apr 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. The dispute herein arises from a construction contract dated 4th August, 2014 between the 1st respondent, as the employer and the appellant as the contractor. Following a successful bid by the appellant to construct a footbridge at Gamba-Onkolde, the appellant and the 1st respondent entered into the abovementioned contract for an agreed total cost of Kshs. 11,762,395.40. Subsequently, the appellant was given possession of the site to commence works.

2. It appears that the appellant noticed there was some variance with respect to measurements as set out in the design and on the ground. Towards that end, it informed the 1st respondent who gave it the go ahead to make the necessary adjustments. Nonetheless, the project faced other challenges like the perennial rains which caused flooding of the site and damage of materials.

3. On 16th February, 2015 the 1st respondent directed the appellant to stop construction works pending evaluation and re-designing of the projec…

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