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SURESH C. KAPILA PRACTICING AS ARCHPLAN ASSOCIATES AFRICA ARCHITECTS V. MANU SHAH & SACHEN CHANDARIA

(2020) JELR 95402 (CA)

Court of Appeal  •  Civil Appeal 53 of 2013  •  22 May 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia

Judgement

JUDGMENT OF THE COURT

This is a first appeal arising from the Judgment of the High Court of Kenya at Nairobi (Martha Koome, J (as she was then) dated 23rd July, 2010.

The facts leading to the appeal are that, the appellant filed a plaint in the High Court of Kenya at Milimani Nairobi, dated 1st July, 2003, against both Respondents, seeking recovery of Kshs. 2,199,000/=, interest thereon at court rates, plus costs of the suit from each of the Respondents for Architectural professional services rendered to the Respondents, at their request and for their benefit. The claimed fees was raised pursuant to the provisions of the Architects and Quantity Surveyors Act Cap 525 of the – laws of Kenya (The Act), and by- laws made thereunder. It was the appellant’s averments that he was professionally engaged by the Respondents to prepare proposal plans and drawings for purposes of carrying out intended developments on their properties, namely, L.R. Numbers 209/74/5/1 and 209/74/5/2 Chiromo Road Nair…

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