Reference no: EM133472875

You inherited 20 million Kenyan shillings from your parents together with two hectares of land in Mombasa County. You have always wanted to have apartments of your own. Because of your obligations in school, you contacted a construction company to undertake the project on your behalf. You agreed on Ksh. 14 million for the construction of five (5) apartments. You paid a deposit of Ksh. eight (8) million. After one year and a half the construction company had only put up only two (2) apartments. They claimed that they could not finish the rest of the apartments because the money had run out. They categorically stated that the reason the funds ran out, is because of the ongoing war in Ukraine. Furthermore, they insisted to be paid the full Ksh.14 million regardless of the fact that they only completed two (2) apartments instead of the agreed five (5) apartments. Upon inspection you found out that the work was done very unprofessionally, much unlike what had been previously agreed upon. You had no option but to contract another company to re-do the two (2) apartments. That set you back by another three (3) million Kenyan shillings. Identify the remedies that you can pursue in a court of law as against the initial contractor. Support your answer with case law. Would it make a difference to the remedy that you were seeking in court, if the cost of materials skyrocketed beyond anyone's imagination because of the war in Ukraine?

Explain using case law.