Plumber ordered to pay Sh30 million over flood damage to Muthaiga home
The property was extensively damaged after heavy flooding caused by leakages from the installed water tanks. The contractor blamed the incident on the plumber's negligence and carelessness.
A Nairobi court has ordered a plumbing company to pay nearly Sh30 million to a contractor after defective plumbing works led to flooding that extensively damaged a high-end residential property in Old Muthaiga.
Justice Janet Mulwa directed Allied Plumbers Limited to compensate Devshibhai and Sons Limited a total of Sh29,776,576, saying the contractor had successfully proved its claim for special damages arising from the incident.
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"Ultimately, judgment is entered for the plaintiff (Devshibhai) against the defendant (Allied) in the sum of Sh29,776,576 together with interest at court rates accruing from the date of filing the instant suit until payment in full," ruled Justice Mulwa.
The judge noted that Allied had not provided any evidence to challenge the loss adjuster's report relied on by Devshibhai. "Nothing has been offered by the defendant to persuade the court otherwise," she said, adding that the loss was sufficiently proved to the required legal standard.
According to court documents, Devshibhai had been contracted to construct a double-storey residential house in Old Muthaiga and subcontracted Allied to carry out plumbing and drainage installation works.
To safeguard against risks during construction, Devshibhai took out a contractor's all risks insurance policy - No. OLG/CAR/02/63710/09 - with Occidental Insurance Limited, covering the plumbing works undertaken by Allied.
However, on March 9, 2015, the property was extensively damaged after heavy flooding caused by leakages from the installed water tanks. The contractor blamed the incident on the plumber's negligence and carelessness.
Although Allied admitted that damage had occurred, it denied liability for the loss. The court, however, found that the company failed to disprove the plaintiff's evidence, including the expert report quantifying the damage at Sh29,776,576.
Justice Mulwa therefore entered judgment in favour of Devshibhai, awarding the full amount claimed together with interest until payment in full.
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