IN THE COURT OF APPEAL
AT MOMBASA
( Coram : Madan, Law and Miller JJA )
CIVIL APPEAL NO.23 OF 1979
BETWEEN
ESMAILIJI..................................................................APPELLANT
AND
MISTRY SHAMJI LALJI and CO............................RESPONDENT
(Appeal from the High Court at Mombasa, Kneller J)
JUDGMENT
The appellant (employers) engaged the services of the respondent firm of building contractors (contractors) to construct for the employers a building for the agreed sum of Kshs 1,075,000 subject to the terms and conditions and under the directions of Mr v. D Chhaniyara (architect) as stated in an agreement made between them dated January 15, 1976. The contractors sued the employers in the High Court for the recovery of Kshs 96,323 being the total of two certificates dated March 21, 1978 and October 5, 1978 issued by the architect for work done under the contract and for some extra work done by them also under the supervision of the architect. The employers after entering appearan…