Calbert Limited v Sandstorm Investment Ltd & Sandstorm Properties [2014] KEHC 6522 (KLR)

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