JUDGMENT
The main issue in this appeal is whether the learned Judge of the High Court was right in holding that the respondent had established, before the magistrate's court which tried the suit, the existence of a contract between the parties.
In his suit before the magistrate's court, the respondent pleaded that he entered into an agreement with the appellant on or about 3rd November 2008 in which he agreed to carry out works, itemized in his amended plaint, at the appellant's premises at Mtwapa Plant for an agreed total cost of Kshs.1,289,000.00. He averred that he carried out the works but was only paid Kshs.64,000.00 leaving a balance of Kshs.1,225,000.00. He sought judgment for that amount and interest from 13th June 2009.
In its statement of defence, the appellant pleaded that it employed the respondent as a “casual labourer to be paid on a daily basis for work completed” and “in respect of which he has been fully paid”. It denied the agreement as claimed by the respondent.
The res…