DAVIDSON KARIUKI MAINA T/A BILLS CONSULTS V. BOBMIL PROPERTIES LIMITED

JUDGMENT OF THE COURT

On 1^st October 2009, the High Court (Sitati, J.) rejected a claim of Ksh.7,131,431 made by the appellant in respect of his fees as a Quantity Surveyor (QS). The Judge found that the claim was not proved on a balance of probability and that it was made in contravention of the Architects and Quantity Surveyors Act (Cap 525). The issue before us is, therefore, whether the claim was proved to the required standard, and whether Cap 525 was properly invoked to invalidate it.

The appellant graduated from the university of Nairobi in 1978 and is a qualified QS, trading as 'Bills Consults' in Nairobi. More than 20 years ago in October 1997, the respondent intended to develop blocks of flats and a health club on a plot it owned in Kampala, Uganda. It engaged Architects and Engineers who produced architectural and structural drawings. Then in October 1997, the appellant received oral instructions from the respondent through its Chairman/Director, Bharat Nathanlal Shah aka Bob…