CRESCENT CONSTRUCTION CO. LTD V. CALTEX OIL KENYA LIMITED

JUDGMENT OF THE COURT

Crescent Construction Company Limited (hereinafter referred to as the appellant) appeals against the ruling and order of the High Court of Kenya at Nairobi issued on 13^th March, 2006 by Hon. Justice M.A. Warsame (as he then was) in which he set aside the consent order entered into by the parties appointing the firm of Deloitte and Touche to be auditors in the reconciliation exercise between the parties. The trial judge also entered judgment for Caltex Oil Kenya Limited, the plaintiff in the proceedings before the High Court, and the respondent herein (hereinafter referred to as the respondent) for the sum of Kshs.19,343,481.12 together with interest and costs. According to the ruling, the balance of the plaintiff’s claim would await further determination or directions of the parties.

Briefly, the respondent filed proceedings before the High Court seeking judgment against the appellant in the sum of Kshs.26,749,366/- in terms of the amended plaint dated 28^th May, 20…