DEWDROP ENTERPRISES LIMITED V. CITY COUNCIL OF NAIROBI & BOMCO BUILDING AND CONTRACTORS LIMITED

JUDGMENT OF THE COURT

The appeal is from the decision of the High Court in respect of two applications brought by the appellant against the 2^nd and 3^rd respondents by way of Chamber Summons dated 27^th April 2010 and 13^th July 2010 under order VI rule 13 (1) (b) of the retired Civil Procedure Rules (now order 2 rule 15 of the Civil Procedure Rules 2010) and section 3A of the Civil Procedure Act. The brief background to the applications is that the appellant filed a plaint on 9^th December 2009 where it claimed that, on or about 22^nd December 2005, the 1^st respondent contracted it to carry out structured cabling installation of the 1^st respondent’s City Hall Building which had been gutted by fire. The contract sum was stated to be Kshs 7,499,999.55. The appellant contended that it carried out and delivered a portion of the cable installations and was issued with a certificate of payment for Kshs.996,251.40. On 9^th May 2006, the appellant was paid a sum of Kshs.711,360.87 by the 2^nd respon…