JUDGMENT OF THE COURT
This is an appeal from the ruling of Onyango Otieno J (as he then was) delivered on 27th January, 2000 by which the learned Judge allowed the respondent’s application for review of his orders made on 7th April, 1999.
The appellant is a foreign entity incorporated in the Peoples’ Republic of China and duly registered in Kenya under the Companies Act. It is one of the major building and civil engineers in the country. The respondent is a company incorporated in Kenya and also carries on the business of building and civil engineering contracts within the country.
By a plaint lodged in the High Court of Kenya at Milimani Commercial Courts the respondent sued the appellant for an alleged breach of Sub-Contract Agreement in respect of the construction of 26 kilometer road in length from 170 km up to 144 km towards Hola direction. The respondent pleaded, inter alia, as follows:
“5. Vide clause G(3) of the said Sub -Contract, the Defendant agreed to pay the Plaintiff such su…