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National Bank of Kenya Ltd v. Devji Bhmji Sanghani & Javda Bhmji Sanghani T/A Sanghani Builders

(1996) JELR 98555 (CA)

Court of Appeal  •  Civil Appeal 13 of 1994  •  15 Nov 1996  •  Kenya

Coram
Amrittal Bhagwanji Shah

Judgement

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)

************************

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…

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