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Stephen Kariuki Wairia v. Haraka Entreprises Limited

(2015) JELR 94043 (CA)

Court of Appeal  •  Civil Appeal 170 of 2011  •  31 Jul 2015  •  Kenya

Coram
Wanjiru Karanja, Paul Kihara Kariuki, George Benedict Maina Kariuki

Judgement

JUDGMENT OF THE COURT

Stephen Kariuki Wairia, the appellant herein, was sued in the Nairobi Milimani Chief Magistrate Court at Nairobi by Haraka Enterprises Ltd, the respondent herein. By way of a plaint dated the 14th November 2005, the respondent alleged that he had been contracted by the appellant to construct for him a residential house on L.R. No 3734/118 in Lavington, Nairobi. The respondent further alleged that after completion of the work, the architect issued a final completion certificate on 21st July 2004 for the sum of Kshs. 1,413,075.00. However, when the respondent demanded payment, the appellant paid Kshs. 600,000.00 in three equal instalments, thus leaving the balance of Kshs. 813,075.00 unpaid. The respondent’s claim was for the said sum of Kshs. 813,075.00 together with costs of the suit and interest on the amount until payment in full.

The appellant filed a statement of defence wherein he denied the respondent’s claim. He admitted that he had contracted the respondent…

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