SEVENTH DAY ADVENTIST CHURCH EAST AFRICA LTD & 2 OTHERS V. MASOSA CONSTRUCTION COMPANY LIMITED

JUDGMENT OF THE COURT

By a plaint dated and filed on 10^th January, 2002, Masosa Construction Co. Ltd (Masosa) filed a suit in the High Court of Kenya at Kisumu seeking an order for the payment of Shs.5,177,688/= plus costs and interest at 35% per annum jointly and severally from the three respondents, Seventh-day Adventist Church E.A. Ltd (the Church), Pastor R.M. Nyakego (executive director) and E.N. Aduke (the architect) who were respectively the 1^st, 2^nd and 3^rd defendants in the suit.

Masosa’s claim arose from the construction of a conference centre for the church. In February, 1995 the church wanted a conference centre built at its Nyamira church, and advertised the same by way of a tender. Masosa was the successful bidder, and was awarded the tender on 24^th March, 1995. Mr. E.N. Aduke, the 3^rd appellant, was appointed the project architect, while Pastor R.M. Nyakego, the executive director of the church, co-ordinated the project on behalf of the church.

Masosa’s tender for the enti…