CITY COUNCIL OF NAIROBI V. WILFRED KAMAU GITHUA T/A GITHUA ASSOCIATES & NAIROBI CITY WATER SEWERAGE CO LTD

JUDGMENT OF THE COURT

1. This is an appeal arising from the ruling of Khaminwa J, dated 28^th 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 1^st respondent herein] and allowing an application by NAIROBI CITY WATER and SEWERAGE CO LTD [the 2^nd respondent herein] to strike out its name from the suit at the High Court.

Background

2. A brief summary of the facts leading to the dispute as borne out of the pleadings are as follows: the 1^st respondent in his plaint dated 7^th March 2005, demanded from the 1^st and 2^nd 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 31^st December, 2004, as well as interest and costs.

3. According to the plaint, by an agreement (hereinafter the ‘Consultancy Agreement’) dated 10^th March 1998 between the app…