REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT MOMBASA
(Coram: Potter and Hancox, JJ A and Chesoni Ag. J A)
CIVIL APPEAL NO 17 OF 1983
BETWEEN
GICHIEM CONSTRUCTION COMPANY ....................................APPELLANT
AND
AMALGAMATED TRADES and SERVICES................................RESPONDENT
(Appeal from a ruling of the High Court of Kenya at Mombasa (Bhandari, J) dated 24th February, 1983)
JUDGMENT OF THE HANCOIX, J A
The appellant sued the respondent in the High Court at Mombasa for Kshs 40,763.50 being the balance due in respect of the renovation by painting of six flats in the Tudor Estate in Mombasa, said to have been carried out by the appellant under an agreement with Kenya Shell Ltd. (to whom the flats belong). It was further alleged by the appellant, though denied by the respondent, that this agreement was, as it is put, voided by another agreement between Kenya Shell and the respondent covering the same work. Thereafter there is said to have been an agreement between the parties that t…