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Triple I & K Limited v. Attorney General, Milicons Limited & National Council for Science & Technology

(2018) JELR 94056 (CA)

Court of Appeal  •  Civil Appeal 118 of 2012  •  9 Nov 2018  •  Kenya

Coram
Daniel Kiio Musinga, Milton Stephen Asike Makhandia, William Ouko

Judgement

JUDGMENT OF THE COURT

1. On 29th September 2011 the appellant filed a suit against the respondents, jointly and severally, seeking judgment for Kshs.12,312,860 plus interest and general damages for breach of contract. The genesis of the suit was an invitation to tender for building of a perimeter wall around the premises known as L.R. No. 22395 owned by the 3rd respondent. The invitation to tender was done through the Ministry of Public Works.

2. The appellant successfully tendered for the said project and commenced work as per the signed contract. However, on 19th October, 2010 the 3rd respondent wrote to the appellant halting the building work, when the appellant had done more than 25% of the work. The 3rd respondent re-advertised the tender and the same was eventually awarded to the 2nd respondent. Being aggrieved by the 3rd respondent’s termination of the contract, the appellant filed the aforesaid claim.

3. Together with the plaint, the appellant also filed an application seeking a …

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