KCC 1027/2012

This case involved whether a case should be dismissed. The company could not argue the expert report on the property should be dismissed because it had not maintained this defence.

Background

Then documents of the case revealed that the appellant had failed to maintain the defence that the case should be dismissed and therefore it ceded it

Decision

The court said that the documents of the case also revealed that the company had made technical objections to the expert report and failed to maintain that the report should be dismissed because it was not informed of the date on which the disputed property would be checked. The court said that the company therefore did not have the right to maintain this defence now because it had already ceded it. The court said that the report concluded that the company had failed to comply with the required standards in the project under consideration. The court said that the court established its ruling on the grounds of solid evidence.

The court dismissed the appeal.