LAWYERS IN THE HOUSE KUJENI

Contractor

Village Elder
#1
Kuna mteja kutoka pwani hataki niishi kwa amani.. And now he is suing. Here is what happened ;

Mteja anataka nyumba ipakwe rangi... Mimi nami nika chukua hio contract.... Then i directed the client where (which store) to buy the paint from...

Mteja aka nunua rangi ikapekekwa site kule pwani... Na ika pakwa... Lakini juu ya poor conditions of the walls... The paint started peeling off...

Mteja had paid 30% of labor deposit in cash (no documentation) and 20% was paid via Mpesa (documented) but as cost of materials for repair works... So i bought the materials myself and sent them to the site..

Now, nimekataa kupeleka mafundi kwa site coz hio ni additional works...

Mteja wants to sue.. Not sure on what grounds...

Question is, since some translations were in cash and no documentation ... (read 30%)... Am i entitled to refund?

Is there a case here really ama ni vitisho... (there is a possibility she will sue for incomplete works or shoddy workmanship) but I've also not received my full pay for the labor works done.

Advice na matusi are welcome ; meanwhile wacha ni ngoje arbitration..
 

ziegler

Village Elder
#2
I am not in any way in the law related field but from my experience the first thing is to talk to the said complainant.

If you two don't come into agreement then find a lawyer to talk to the party or the lawyer to the party.

Ikishindikana basi mwende kotini.

I just hope you will be able to sort it between yourselves ama kwa chief ama wazee wa baraza.
 

Contractor

Village Elder
#9
Wewe ni mwehu, mbona ananyakua kazi huwezani nayo?
Ndio ulienda tu na kupakilia rangi kwa walls bila preparations like sanding, washing with proper solvents and priming.
Meffi wewe
Preparation were done... And client was adviced of possible paint peel.... Lakini mteja alikua asha chukua deposits za wateja.. And wanted work done as fast as possible...

Problem is.. My advice was by word of mouth.. And not hand writen and signed...
 
#10
Insist on and go for arbitration. Na hiyo kazi ulichukua na hukuwa hapo to supervise?
I was there to check on progress... In fact before the fundis left site on the last day... The client was around.. And said it was good... Problem came in when the peel started happening....

Now i am not the manufacturer of paint... I just applied... I have no control of what happens after application..
 
#11
I am not in any way in the law related field but from my experience the first thing is to talk to the said complainant.

If you two don't come into agreement then find a lawyer to talk to the party or the lawyer to the party.

Ikishindikana basi mwende kotini.

I just hope you will be able to sort it between yourselves ama kwa chief ama wazee wa baraza.
Thanks, I'll try that... Problem.. He wants me to camp on that site... I have suggested i send fundis there.. But anataka pia mimi niende...
 

Motokubwa

Village Elder
#14
lakini ulinunua ile ya gikomba,kama ni akina duracoat ungetafuta experts advice kutoka kwao,na uwache kujiita contractor mtu wa tusub twa rangi,meffi wewe
 

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