IN THE COURT OF APPEAL
AT NAIROBI
CIVIL APPEAL NO. 13 OF 1994
NATIONAL BANK OF KENYA LTD.............................APPELLANT
AND
DEVJI BHMJI SANGHANI and JAVDA BHMJI SANGHANI t/a
SANGHANI BUILDERS...........................................RESPONDENT
(An appeal from the judgment and decree of the High Court of Kenya at Nairobi (Justice Shields) dated 15th May, 1991
in
H.C.C.C. NO. 2004 OF 1984)
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JUDGMENT OF SHAH, J.A
Pentax Properties Limited (Pentax) were to put up 330 houses on plot L.R. No. 209/8525, off Mbagathi Road, Nairobi. the houses were put up on this parcel of land and the estate which arose out of it is known as Ngumo Estate – Phase 1.
The respondents, who were two brothers, carried on business of building contractors at the material time under the name of Sanghani Builders. I will refer to them hereafter as “Sanghanis”. The contract sum for building the said 330 houses was apparently quotes at K. Shs. 78,231,181.69 by the Sanghanis as per revised summary sh…