[2019] KEHC 1940 (KLR)

[2019] KEHC 1940 (KLR)

The court found that the plaintiff had established its claim for the certified sums under the construction contract, as the defendant failed to pay the amounts certified by the architect and did not contest the claim. The court further held that the plaintiff was entitled to special damages for costs incurred in maintaining the site after suspension, as these were specifically pleaded, proved by receipts, and supported by an architect's certificate. The court reiterated that general damages are not awardable for breach of contract. Interest was awarded at the contractual rate of 18% per annum on the certified sum from the date of default, and at 12% per annum on the special damages from...

Citation
[2019] KEHC 1940 (KLR)
Parties
Plaintiff: Aggregate Construction Limited; Defendant: Ashleah Developers Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
20 November 2019
Case Number
Civil Case 434 of 2016
Procedural Posture
Civil Case / Final Judgment
Outcome
Judgment for the plaintiff for certified sums, special damages, interest, and costs.
Judges
DAS Majanja
Legal Topics
Breach of Contract, Construction Contracts, Special Damages, Summary Judgment
Source Language
English
Commercial and Corporate Civil Procedure Breach of Contract Construction Contracts Special Damages Summary Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Aggregate Construction Limited

Plaintiff

Ashleah Developers Limited

Defendant

Procedural Posture

Civil Case / Final Judgment

Legal Issues

  1. 1 Whether the defendant breached the construction contract by failing to pay certified sums for work done.
  2. 2 Whether the plaintiff is entitled to special damages for costs incurred in maintaining the site after suspension of the contract.
  3. 3 Whether general damages are awardable for breach of contract in this context.

Ratio Decidendi

The court found that the plaintiff had established its claim for the certified sums under the construction contract, as the defendant failed to pay the amounts certified by the architect and did not contest the claim. The court further held that the plaintiff was entitled to special damages for costs incurred in maintaining the site after suspension, as these were specifically pleaded, proved by receipts, and supported by an architect's certificate. The court reiterated that general damages are not awardable for breach of contract. Interest was awarded at the contractual rate of 18% per annum on the certified sum from the date of default, and at 12% per annum on the special damages from...

Court Disposition

Judgment for the plaintiff for certified sums, special damages, interest, and costs.

Orders

  • The defendant shall pay the plaintiff Kshs. 62,413,634.60 with interest at 18% per annum from 2nd July 2014 until payment in full.
  • The defendant shall pay the plaintiff Kshs. 21,377,568.46 with interest at 12% per annum from the date of filing suit until payment in full.