Turn-O- Metal Engineers Company has filed a case seeking over Sh 100 Million compensation for special damages from the Ministry of Medical Services.
Surinder Sighn Birdi, the Managing director of the said company claims to have had rendered drilling services including drilling, construction and development of boreholes in the republic of Kenya.
Through lawyer Isaac Wanjohi from the firm of Michael Daud and Advocates, the company claims to have entered into agreement with the Ministry of medical services on November 17, 2005, being contract number WBH/03-01, lot 1 and 4 (ZONES and D) where he was to provide services for drilling, construction and development of boreholes in the North and North Eastern and Central Kenya.
The complainant claims that this was effectuated by the acceptance of a bid by the plaintiff which execute the drilling of boreholes for water supply for hospitals in the aforesaid region and when instructed by the Ministry.
“I supplied and provided the various services to the Ministry at their request,” said Birdi.
He claims that the Ministry in total breach of the agreement blatantly frustrated the Turn-O- Metal Engineers Company in effectuating the drilling of boreholes making it impossible for it to complete the drilling in Tim, leading to their extension of the time of the site.
Birdi claims that some of the frustrations were delay in granting possession of the site to him hence delay in the commencement of work, lack of supervision and proper instructions, Failure to provide the necessary boreholes statutory documents and cancellation of lot 5/Zone E.
He also said that the Ministry provided late and improper payments and they are now seeking for the payment of special damages amounting to Sh 101,939,381.79 being the sum payable for the services rendered.
“Despite demand and notices of intention to sue the Ministry and the A attorney General have refused to pay the above said outstanding of money owed to me,” said Birdi in court documents.
He is seeking general damages, Special damages and interest on (a) and (b) from October 31, 2010 until full payment, at prevailing commercial rates.
The Attorney General and the Ministry of Medical Services responded that they are strangers to some of the paragraphs in the complaint and put the company to strict proof.
They said that they are not aware of existence of any valid agreement with the company as alleged and if any which is expressly denied, the same according to them was invalid and contrary to the public procurement and regulations and put the company to strict proof.
“The suit in court is bad in law, incompetent and the defendants shall at the hearing raise a preliminary objection on point of law to have the entire suit struck out and be dismissed,” said Callen Masaka Litigation Counsel for Attorney General.
The response was filed on July 14, 2018 where the defendants denied all the allegations and put the plaintiffs under strict proof.
