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Kenyatta International Convention Centre v. Greenstar Systems Limited

(2019) JELR 99884 (CA)

Court of Appeal  •  Civil Application 262 of 2018  •  22 Feb 2019  •  Kenya

Coram
Philip Nyamu Waki, Mohammed Abdullahi Warsame, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

In its application dated 10th September, 2018, Kenyatta International Convention Centre (the applicant), more popularly known as 'KICC' seeks the following order:

"2. THAT Leave to Appeal be granted with respect to the Ruling and Order issued by the High Court (Justice Olga Sewe) on 19/01/2018 in Milimani Commercial Court Miscellaneous Civil Application No. 278 of 2017."

The factual matrix is fairly straight forward and undisputed:

On 14th October, 2015, the applicant and Greenstar Systems Limited (the respondent) signed an agreement for refurbishment and customization of six floors of the KICC Tower Block Offices in readiness for the World Trade Organization Conference that was scheduled to be held in Nairobi, Kenya later that year. The amount payable upon completion of the works was Kshs.76,320,500 and it is common ground that the works were fully completed to the satisfaction of the applicant who took them over on 12th December, 2015. The applicant had by then only …

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