[2025] KEHC 6326 (KLR)

[2025] KEHC 6326 (KLR)

The High Court found that the contract between the parties was fully executed in 2023 and there was no contract for 2024. The appellant's claim for damages was not supported by any subsisting contractual obligation. The trial court correctly dismissed the claim as there was no legal basis for awarding either general or special damages; the latter were neither pleaded nor strictly proved. The court reiterated that it cannot rewrite contracts for parties and is bound to interpret the contract as executed. The appeal, being on a point of law, failed as the trial court did not err in its interpretation or application of the law. Costs follow the event, and the respondent was entitled to costs...

Citation
[2025] KEHC 6326 (KLR)
Parties
Appellant: David Mwabura Njeru; Respondent: Mukurweini Technical Training Institute
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
21 May 2025
Case Number
Civil Appeal E002 of 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
DKN Magare
Legal Topics
Breach of Contract, Contractual Damages, Pleadings and Procedure, Appeals on Points of Law
Source Language
English
Commercial and Corporate Civil Procedure Breach of Contract Contractual Damages Pleadings and Procedure Appeals on Points of Law

Case Brief

Summary, issues, holding and outcome

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Parties

David Mwabura Njeru

Appellant

Mukurweini Technical Training Institute

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in law in dismissing the appellant's claim for breach of contract.
  2. 2 Whether general and special damages were properly pleaded and proved in the context of the contract.
  3. 3 Whether the appellant was entitled to damages for the alleged breach of contract.

Ratio Decidendi

The High Court found that the contract between the parties was fully executed in 2023 and there was no contract for 2024. The appellant's claim for damages was not supported by any subsisting contractual obligation. The trial court correctly dismissed the claim as there was no legal basis for awarding either general or special damages; the latter were neither pleaded nor strictly proved. The court reiterated that it cannot rewrite contracts for parties and is bound to interpret the contract as executed. The appeal, being on a point of law, failed as the trial court did not err in its interpretation or application of the law. Costs follow the event, and the respondent was entitled to costs...

Court Disposition

appeal dismissed

Orders

  • The appeal lacks merit and is accordingly dismissed.
  • The respondent shall have the cost of this appeal of Ksh. 65,000/=.