JUDGMENT OF THE COURT
1. This is an appeal arising from the ruling of Khaminwa J, dated 28th July 2008, in Milimani HCCC No. 118 of 2005 dismissing an application by CITY COUNCIL OF NAIROBI [the appellant herein], to strike out the suit by WILFRED KAMAU GITHUA T/A GITHUA and ASSOCIATES [the 1st respondent herein] and allowing an application by NAIROBI CITY WATER and SEWERAGE CO LTD [the 2nd respondent herein] to strike out its name from the suit at the High Court.
2. A brief summary of the facts leading to the dispute as borne out of the pleadings are as follows: the 1st respondent in his plaint dated 7th March 2005, demanded from the 1st and 2nd respondents jointly and severally a principal sum of KShs.50,187,065.80/= as payment for services rendered and an accrued interest of KShs.859,615,827.66/= as at 31st December, 2004, as well as interest and costs.
3. According to the plaint, by an agreement (hereinafter the ‘Consultancy Agreement’) dated 10th March 1998 between the app…