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 the respondent pay the appellant Kshs 54,763.50 (of which Kshs 14,000 has admittedly been paid, though there is also a dispute as to the basis for the payment) on a quantum merit for the work carried out by the appellant. It was also said that the cheque for Kshs 49,287.20 given by the respondent to the appellant, but subsequently dishonoured, was intended in part payment of this qu…