TRISHCON CONSTRUCTION COMPANY V. LANDMARK HOLDINGS LTD

JUDGMENT OF THE COURT

For the reason that this is an appeal on an interlocutory decision of the High Court (Kimondo, J) rejecting the appellant's application to further amend the plaint, our consideration shall be restricted to the question whether the learned Judge properly exercised his discretion in arriving at that decision.

On 20^th March, 2012 the appellant instituted an action by filing a plaint against the respondent, claiming that the latter had breached a contract in which the former had been engaged, in a subcontract in the construction of the headquarters of the Ministry of Energy in South B, Nairobi at a cost of Kshs. 512,862,685; and that when the appellant submitted its final account to the respondent, it was rejected and subsequently the contract terminated. The appellant was thereafter barred from the site. The appellant prayed for judgment in that sum and an order of injunction restraining the respondent from interfering with the machinery and equipment at the construct…