By Sam Alfan.
A plumber has been ordered to pay Sh30 million to a contractor after floods traced to defective works damaged a high-end residential property in Old Muthaiga estate.
Justice Janet Mulwa directed Allied Plumbers limited to pay Sh29,776,576 to Devshibhai & Sons ltd.
“Ultimately, judgment is entered for the Plaintiff (Devshibhai & Sons Limited) against the Defendant (Allied Plumbers limited) in the sum of Sh. 29,776,576 together with interest at court rates accruing from the date of filing the instant suit until payment in full,” ruled Justice Mulwa.
The judge nothing has been offered by Allied Plumbers ltd to persuade the court from holding that the claim for special damages in favour of Devshibhai & Sons Ltd against Allied Plumbers ltd has been proved to the required standard.
The court further noted Allied Plumbers ltd did not challenge the loss adjusters report by any other expert report on the loss incurred by the plaintiff by way of a counter expert report or otherwise.
Devshibhai & Sons Ltd produced in evidence a policy renewal advice of its bundle of documents confirming the policy No. OLG/CAR/02/63710/09 was indeed in respect of the plumbing works undertaken by the Allied Plumbers ltd at the Devshibhai & Sons Ltd premises.
The risk covered under the policy by Occidental Insurance Limited tabulated the said sum of Sh.29,776,576 in line with the law that special damages must be pleaded and proved.
Devshibhai & Sons Ltd provided evidence of the loss, which was uncontroverted.
Devshibhai was contracted to build and construct a double storey residential house at Old Muthaiga.
Allied Plumbers ltd was subcontracted to carry out plumbing and drainage installation works at the premises.
Devshibhai further claimed that it took out a contractor’s All Risks Insurance Policy Cover all risks that could arise in the course of construction of the suit premises.
On or about 9 March 2015, Devshibhai alleges that the suit premises were extensively damaged due to heavy water flooding caused by leakage from the water tanks.
The loss was blamed on the plumber’s negligence and carelessness.
Allied Plumbers ltd admitted the damage on the suit premises, but denied liability for the loss.
