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Julia Wacheke Mungai (the legal representative & administrator of the estate of the late John Mungai Karua) v. Betty Ngendo Gachie & Amosam Builders & Developers Limited Nakuru Municipal Council

(2012) JELR 100484 (CA)

Court of Appeal  •  Civil Appeal 46 of 2006  •  9 Aug 2012  •  Kenya

Coram
Martha Karambu Koome

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAKURU

CORAM: WAKI, VISRAM and KOOME, JJ.A.

CIVIL APPEAL NO. 46 OF 2006

BETWEEN

JULIA WACHEKE MUNGAI {The legal representative and administrator

of the estate of the late JOHN MUNGAI KARUA}.............APPELLANT

AND BETTY NGENDO GACHIE

AMOSAM BUILDERS and DEVELOPERS LIMITED

NAKURU MUNICIPAL COUNCIL................................ RESPONDENTS

(Appeal from the judgment of the High Court of Kenya at Nakuru (Rimita, J) dated 26th January, 2001

in HCCC NO. 104 OF 1992) ************** JUDGMENT OF KOOME, J.A.:

The 1st respondent filed a suit before the Superior Court against the 2nd and 3rd respondents claiming damages for loss as a result of poor workmanship that led to structural defects of the residential house sold to the 1st respondent by the 2nd respondent. The 3rd respondent was sued for issuing completion certificates in respect of a house that had structural defects.

By a third party notice dated 26th July, 1994, issued by AMOSAM BUILDERS LIMITED the 2…

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