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University of Nairobi v. Devcon Group Limited

(2016) JELR 94712 (CA)

Court of Appeal  •  Civil Appeal 41 of 2012  •  9 Dec 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Joseph Raphael Karanja, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

The respondent, The Devcon Group Limited sued the appellant University of Nairobi at the High Court of Kenya at Nairobi. It was stated in the plaint inter aliathat by an agreement dated 20th November, 2003, the respondent was contracted by the appellant to construct student hostels at the appellants’ Kikuyu campus at a contract price of Kshs.57,746,119/=. It was further stated that the contract period was to be from 20th November, 2003 to 25th May, 2004 and that in view of the said contract the respondent engaged service of other contractors and service providers to undertake the project. It was also said that clause 22 of the said contract allowed for variations and that by clause 23(1) of the same the appellant was to make payment to the respondent within seven (7) days of a certificate being issued by a consultant. It was further stated that the appellant contravened the contract and breached the same by failing to pay certificates on time, that the appellant f…

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