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Okeno & Sons Building Contractors v. Bukura Agricultural College

(2018) JELR 93828 (CA)

Court of Appeal  •  Civil Appeal 3 of 2015  •  7 Dec 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the Ruling of the High Court, (George Dulu, J.) dated 3rd October, 2014 and delivered by Mrima, J. on 23rd October, 2014 . By the impugned ruling, the High Court allowed an application to set aside an arbitral award to the extent that the award of Shs. 4,000,000/= as general damages was set aside.

The appellant appeals from that decision on several grounds.

[2] The appellant is a firm of building contractors. The respondent was before July, 2017, an educational institution under the Ministry of Agriculture. The respondent became a fully-fledged State Corporation in July, 2007 with power to enter into contracts, to sue and be sued in its corporate name.

[3] On 27th April, 2007, the appellant entered into a contract with the Permanent Secretary, Ministry of Agriculture for the election and completion of a Library block at the respondent’s premises for a contractual sum of Shs. 26, 255, 347/=. The contract showed that the Permanent Secretary w…

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