SYNRESINS LIMITED V. PRAVIN VORA T/A VORA CONSTRUCTION

JUDGMENT OF THE COURT

[1] This appeal arises from litigation involving a contract for construction of office blocks and warehouses/factory on land owned by the appellant, Synresins Limited. According to the appellant, the agreement was entered into with the respondent, Pravin Vora t/a Vora Construction on 14th November, 2002 and the work was to be completed by 17th April, 2003. The appellant sued the respondent contending that despite being paid directly and indirectly a sum of Kshs. 11,496,686.75, the respondent only did work worth Kshs. 6,168,120 and abandoned the site. The appellant therefore sued the respondent claiming Kshs. 5,328,566.75 being the amount that the respondent was overpaid. The appellant also sought damages for breach of contract and interest.

[2] The respondent filed an amended defence and counter claim in which it admitted having entered into a contract with the appellant, but denied owing any money or failing to perform its part of the contract. In particular, the …