High Court quashes ruling requiring Lwak Girls to pay firm Sh920,000 for supply of beds

Justice David Kemei  struck out a ruling by a principal magistrate’s court which required the institution to pay the money to Odeny Enterprises, which the company said it had refused to do.

In his judgement, Justice Kemei said the company failed to discharge its burden of proof as it did not present valid contract documents and sought to rely on oral transaction. In addition, it did not present the person who received the beds at the school.

“There was also doubt as to whether any such goods entered the school. The respondent cannot be allowed to benefit from a transaction which was flawed and, therefore, his claim of a breach of contract must be rejected,” Justice Kemei said.

The judge also indicated that it was erroneous for the trial magistrate to find that a contract existed between the Board of Management of the school and the company in when in actual fact there was none in view of the absence of the valid documents.

“It is my finding that the appellant’s appeal has merit and the same is allowed. The judgement of the trial court dated November 8, 2023, is hereby set aside and substituted with an order dismissing the respondent’s suit with costs to the appellant.”

Simon Odundo Odeny, the proprietor of Odeny Enterprises, filed the suit before the court claiming a sum of Ksh 921,400 together with interest as well as general damages and costs of the suit, accusing the school management of failing to pay for the beds, which were allegedly delivered in August 2021.

He submitted that he had taken a loan of Ksh 540,000 from Kenya Commercial Bank Bondo Branch in 2021 for the purpose of the financing the tender.

“The loan was secured with a title deed of a property belonging to my son,” Odeny said.

The court also noted that he did not show the bank the tender documents and he was not issued with a Local Purchase Order (LPO).

The court further noted that the invoice he produced before the court did not bear the school’s stamp.

During the hearing, the court requested Odeny to furnish it with the tender documents as proof of the business between him and the school but he failed to do so.

Odeny had claimed to have supplied the beds personally where he signed at the entrance gate and the items received by the school matron Irene Otieno on behalf of the school.

“In the instant case, the respondent did not produce any purchase order, service order or signed contract which would evidence a valid contract in the absence of the said documents, it is therefore to establish the existence of a valid contract,” Justice Kemei said.