JUDGMENT OF THE COURT
The respondent, Asea Brown Boveri Limited, was the plaintiff in HCCC No. 1619 of 2000 a suit filed against the appellants, jointly and severally, in a claim for US$95,796.41 plus interest thereon at the rate of 3% per month from 1st September, 2000 until payment in full. The respondent stated in its plaint that:
“4. On or about the 12 May 1999, the 1st Defendant placed an order to the Plaintiff for the delivery and installation at the 1st Defendant's premises at Mombasa of one unit of a 3200 Amperes Low Voltage Switchboard Modsys 4000 at the contract price of US$57,500.00 (delivery) and US$13,524.00 (installation) respectively inclusive of Value Added Tax.
In pursuance of the 1st Defendant’s order, the Plaintiff supplied and installed the said switchboard and by Invoice Numbers 2513 and 2739 dated the 30th July 1999 and 20th March 2000, it demanded the respective contract price of US$57,500.00 and US$13,524.00 as and when the same became due.
It was a term of the co…