[2014] KEHC 6522 (KLR)
The court determined that, given the nature of the dispute—specifically, the contested scope of works, payments made, and amounts outstanding—it is just and prudent to grant the prayer for appointment of a quantity surveyor. This will enable an independent assessment of the works and payments, which is central to...
Source-derived case information.
- Citation
- [2014] KEHC 6522 (KLR)
- Parties
- Plaintiff: Calbert Limited; Defendant: Sandstorm Investment Ltd; Defendant: Sandstorm Properties
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Case 25 of 2013
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application (notice of Motion)
- Outcome
- Interlocutory application partially allowed; prayer for appointment of quantity surveyor granted; status quo to be maintained.
- Judges
- CW Meoli
- Legal Topics
- Breach of Contract, Scope of Works, Outstanding Payments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Calbert Limited
Plaintiff
Sandstorm Investment Ltd
Defendant
Sandstorm Properties
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application (notice of Motion)
Legal Issues
- 1 Whether there has been a breach of contract by either party.
- 2 Whether the scope of works contracted, works done, and amounts paid or outstanding are as claimed by the parties.
Ratio Decidendi
The court determined that, given the nature of the dispute—specifically, the contested scope of works, payments made, and amounts outstanding—it is just and prudent to grant the prayer for appointment of a quantity surveyor. This will enable an independent assessment of the works and payments, which is central to resolving the contractual dispute and any alleged breach. The court thus ordered the parties to agree on a quantity surveyor, whose report will inform further directions in the matter. The status quo is to be maintained pending the surveyor's report.
Court Disposition
Interlocutory application partially allowed; prayer for appointment of quantity surveyor granted; status quo to be maintained.
Orders
- Prayer 5 of the Notice of Motion is granted: parties to agree upon a quantity surveyor to be enlisted.
- Matter to be mentioned on 17th March, 2014 to receive the Surveyor’s Report and for directions.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
CIVIL CASE NO. 25 OF 2013
CALBERT LIMITED………………..PLAINTIFF
VERSUS
SANDSTORM INVESTMENT LTD
SANDSTORM PROPERTIES……………DEFENDANTS
RULING
Having considered material canvassed in respect of the Notice of Motion filed on 29th October, 2013, it does seem that the core of the dispute between the parties is the scope of works contracted, works done and paid for and the amounts outstanding. Equally, these issues go to the question whether there has been breach of contract by either party.
In light of the nature of the dispute I am of the view that it is just and prudent to grant prayer 5 of the Notice of Motion. The parties are to agree upon the quantity surveyor to be enlisted for this purpose. The matter will be mentioned on 17th March, 2014 to receive the Surveyor’s Report and for directions. Meanwhile the status quo will be maintained.
Delivered and signed at Malindi this 24th day of February, 2014 in the presence of Miss Ngari for Plaintiff, Miss Mwangi holding brief for Mr. Gikera for the Defendants.
Costs in the Cause.
C. W. Meoli
JUDGE