JAGJIVAN SINGH TRADING T/A SPANCRETE V. MENENGAI INVESTMENTS LTD

JUDGMENT OF THE COURT

On or about 16th November, 1977, Jagjivan Singh, trading as Spancrete, the appellant herein, entered into a construction contract with Menengai Investments Ltd, the respondent herein, and by that agreement the appellant was to construct for the respondent a total of 98 houses on a plot of land in Nairobi. As a consideration for constructing the houses, the appellant was to be paid a total of Kshs 7,627,480/= and that payment was to be made at various stages as the construction proceeded. As is the usual practice in building contracts, the terms were spelt out in great details and at the end of it all (clause 36) the parties stipulated that: -

“Provided always that in case any dispute or difference shall arise between the employer or the architect on his behalf and the contractor, either during the progress or after the completion or abandonment of the works, as to the construction of this contract or as to any matter or thing of whatsoever nature arising thereunder…