JUDGMENT
Potter JA This is an appeal from an Order of Scriven J made at Kisumu on May 28, 1981. On April 4, 1978, the appellant company (hereinafter called “the Contractor”) entered into a contract (hereinafter called “the Contract”) with the respondent (hereinafter called “the Employer”) for the construction of water works for the Employer.
By Clause 63(1) of the Contract, the Employer was empowered in certain circumstances to expel the Contractor from the Site and the Works. The material part of the Clause is as follows:
“63(1) ... or if the Engineer shall certify in writing to the Employer that in his opinion the Contractor -
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9(d) is not executing the Works in accordance with the Contract or is persistently or flagrantly neglecting to carry out his obligations under the contract ... then the Employer may after giving fourteen days notice in writing to the Contractor enter upon the Site and the Works and expel the Contractor therefrom without thereby avoiding the Contract or releas…