JUDGMENT OF THE COURT
1) The dispute leading up to this appeal has a protracted history. It all began on 21st December 1987 when Mistry Jadva Parbat and Co. Ltd (the appellant) and Kenyatta University (the respondent) entered into a building contract for construction works at the Kenyatta University Campus (the Contract). Pursuant to that Contract, various construction works including the building of hostels, dining and kitchen facilities were undertaken by the appellant for which it presented to the respondent various certificates of works for payment.
According to the appellant, the respondent did not make payment in accordance with the terms of the Contract prompting the appellant to file suit in the High Court in Mombasa being Civil Suit No. 109 of 1991 (the Mombasa suit) vide a plaint dated 13th February, 1991 claiming the following sums against the respondent:
11th August, 1989
26th October, 1989