JUDGMENT OF THE COURT
1. This is an appeal from the judgment of the High Court (F. Ochieng, J) delivered on 10th December 2014 declining to award a substantial part of the appellant’s claim for Kshs. 77,235,850.65 for alleged loss, damage and expense purported to have been occasioned by breach of a building contract by the respondents.
Background
2. With a view to expanding its operations as a manufacturer of sportswear, the appellant Sai, Sports Limited, a company described as a family company, embarked upon a project to construct a garments factory on its property known as L. R. No. 12596/22 situated along Enterprise Road, Industrial Area, Nairobi. To that end, it engaged Messrs. Soli Shroff Architects (the architects) to design the intended factory premises. Alongside the proposed construction of the factory, the appellant also wished to extend and refurbish its directors’ residence on L. R. No. 5/69, Waiyaki Way, Nairobi.
3. Based on the architectural drawings produced by the architec…