TOTAL KENYA LIMITED V. D PASACON GENERAL CONSTRUCTION & ELECTRI CAL SERVICES

JUDGMENT

Background

1. Pasacon General Construction and Electrical Services Limited (the respondent) was the appellant before the High Court in an appeal arising from RMCC 1306 of 2016 (Pasacon General Construction and Electrical Services Limited vs. Total Kenya Limited.) Total Kenya Limited (the appellant) engaged the respondent on 14th July, 2010 to carry out additional contractual works to the tune of Kshs. 611,378.00 which works involved excavations, pipe sleeves laying, storm water drainage, manholes and mild steel covers and forecourt bollards. The additional works were carried out on the basis of verbal instructions issued to the respondent by one, Eng. Collins Kipkorir, (Eng. Kipkorir) an agent/representative of the appellant. The respondent averred that it completed the works on 24th September, 2010 and issued a job completion form which was duly executed by the appellant and a representative of the respondent. It was the respondent’s claim that the appellant failed to settle the …