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

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 26^th January, 2001

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

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

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