[2019] KEHC 6494 (KLR)

[2019] KEHC 6494 (KLR)

The court found that the local purchase order, signed by the appellant's finance officer and principal, together with the respondent's quotation and partial payment, constituted a binding contract between the parties. The appellant's objections regarding procurement procedure and lack of a formal contract were raised only after the audit report and did not negate the existence of the contract or the respondent's performance. The respondent proved on a balance of probabilities that he supplied, installed, and commissioned the system as agreed, and the appellant failed to adequately challenge this evidence. The trial court's judgment was based on proper legal principles and evidence, and...

Citation
[2019] KEHC 6494 (KLR)
Parties
Appellant: Eldoret Polytechnic; Respondent: John Erick Okach t/a Ekatchware Software Solutions
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
20 May 2019
Case Number
Civil Appeal 137 of 2015
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
AM Githinji
Legal Topics
Contract Formation, Public Procurement, Burden of Proof, Enforcement of Contracts
Source Language
English
Commercial and Corporate Civil Procedure Contract Formation Public Procurement Burden of Proof Enforcement of Contracts

Case Brief

Summary, issues, holding and outcome

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Parties

Eldoret Polytechnic

Appellant

John Erick Okach t/a Ekatchware Software Solutions

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent proved that he supplied, installed, and commissioned the college management information system as per the agreement.
  2. 2 Whether the absence of a formal written contract and alleged procurement irregularities invalidated the respondent's claim for the contract balance.
  3. 3 Whether the trial court erred in awarding the contract balance to the respondent despite the appellant's objections.

Ratio Decidendi

The court found that the local purchase order, signed by the appellant's finance officer and principal, together with the respondent's quotation and partial payment, constituted a binding contract between the parties. The appellant's objections regarding procurement procedure and lack of a formal contract were raised only after the audit report and did not negate the existence of the contract or the respondent's performance. The respondent proved on a balance of probabilities that he supplied, installed, and commissioned the system as agreed, and the appellant failed to adequately challenge this evidence. The trial court's judgment was based on proper legal principles and evidence, and...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the respondent.
  • The judgment of the trial court awarding Ksh 3,960,000 plus costs to the respondent is upheld.