JUDGMENT OF THE COURT
1. This is an appeal from a Ruling by the High Court, (Mutava, J.), dated 12th July, 2012 whereby the learned Judge allowed the notice of motion dated 4th May, 2012 by ORIENTAL CONSTRUCTION CO. LIMITED, (the respondent), to strike out the defence filed by RIFT VALLEY WATER SERVICES BOARD, (the appellant).
2. A brief background as can be gleaned from the plaint filed by the respondent dated 13th March, 2012, is that the dispute between the parties arose from a contractual relationship that existed between them. By a contract No. RVWSB/WC/01/3 dated 25th February, 2009, (the contract), the respondent undertook to carry out construction projects for the appellant.
3. The appellant paid the sum of Kshs.194,087,963.51 commensurate with the 100% contractual works completed. However, the respondent, in its plaint dated 13th March, 2012 claimed a further sum of Kshs.7,882,793/= from the appellant, made up as follows;-
“i) For additional works done – Kshs.2,116,029.…