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Highway Furniture Mart Limited v. Permanent Secretary Office of The President & another

(2006) JELR 105463 (CA)

Court of Appeal  •  Civil Appeal 52 of 2005  •  9 Jun 2006  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji



The appellant is aggrieved by part of the ruling of the superior court, (Okwengu J.) dated 17th November, 2004 wherein the superior court, having dismissed the application for review of the judgment made by the Attorney General (Respondent), nevertheless invoked its inherent jurisdiction under Section 3 A of the Civil Procedure Act suo motto and set aside the decree dated 13th January, 1999 and all subsequent decrees and further ordered that a decree be re-drawn and approved by the Deputy Registrar in accordance with the judgment of 16th December, 1998.

By a building contract dated 15th May, 1986 between the appellant and the Government of Kenya, the appellant agreed to undertake the erection and completion of Kirinyaga District Headquarters at Kerugoya at contract sum of Kshs.20,660,503/10 the date of completion being 25th November, 1987. It seems that the works were not completed within the contract period because the Certificate of Practical Completion from the …

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