[2020] KEHC 7753 (KLR)

[2020] KEHC 7753 (KLR)

The High Court found that the appellants had proved, on a balance of probabilities, that they performed electrical installation works for the respondent pursuant to an oral contract. The evidence included testimony from an independent Kenya Power and Lighting Company employee confirming the works and their completion, as well as documentary exhibits. The respondent failed to adduce any evidence or submissions to rebut the appellants' case, rendering the appellants' evidence uncontroverted. The trial magistrate's reliance on technicalities such as typographical errors in plot numbers and the coincidence of commencement and completion dates was misplaced and did not go to the substance of...

Citation
[2020] KEHC 7753 (KLR)
Parties
Appellant: Dalwart Singh Matharu and Neeta Matharu jointly t/a Bees Electrical Contractors & Rewinders; Respondent: Sharkish Flora Limited
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
27 February 2020
Case Number
Civil Appeal 93 of 2006
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal_allowed
Judges
RB Ngetich
Legal Topics
Contract Enforcement, Oral Contracts, Burden of Proof, Balance of Probabilities
Source Language
English
Commercial and Corporate Civil Procedure Contract Enforcement Oral Contracts Burden of Proof Balance of Probabilities

Case Brief

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Parties

Dalwart Singh Matharu and Neeta Matharu jointly t/a Bees Electrical Contractors & Rewinders

Appellant

Sharkish Flora Limited

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellants proved their claim for payment for electrical installation works on a balance of probabilities.
  2. 2 Whether technical errors such as typographical mistakes in plot numbers should defeat a substantive claim.
  3. 3 Whether the trial court erred in dismissing the appellants' case despite uncontroverted evidence.

Ratio Decidendi

The High Court found that the appellants had proved, on a balance of probabilities, that they performed electrical installation works for the respondent pursuant to an oral contract. The evidence included testimony from an independent Kenya Power and Lighting Company employee confirming the works and their completion, as well as documentary exhibits. The respondent failed to adduce any evidence or submissions to rebut the appellants' case, rendering the appellants' evidence uncontroverted. The trial magistrate's reliance on technicalities such as typographical errors in plot numbers and the coincidence of commencement and completion dates was misplaced and did not go to the substance of...

Court Disposition

appeal_allowed

Orders

  • Determination by trial court set aside.
  • Judgment entered for appellants against respondent for Kshs 1,157,764.00.