BAWAZIR GLASSWORKS LIMITED & ANOTHER V. ASEA BROWN BOWERI LIMITED

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 1^st September, 2000 until payment in full. The respondent stated in its plaint that:

“4. On or about the 12 May 1999, the 1^st Defendant placed an order to the Plaintiff for the delivery and installation at the 1^st 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 1^st Defendant’s order, the Plaintiff supplied and installed the said switchboard and by Invoice Numbers 2513 and 2739 dated the 30^th July 1999 and 20^th 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…