JUDGMENT OF THE COURT
The appeal is from the decision of the High Court in respect of two applications brought by the appellant against the 2nd and 3rd respondents by way of Chamber Summons dated 27th April 2010 and 13th July 2010 under order VI rule 13 (1) (b) of the retired Civil Procedure Rules (now order 2 rule 15 of the Civil Procedure Rules 2010) and section 3A of the Civil Procedure Act. The brief background to the applications is that the appellant filed a plaint on 9th December 2009 where it claimed that, on or about 22nd December 2005, the 1st respondent contracted it to carry out structured cabling installation of the 1st respondent’s City Hall Building which had been gutted by fire. The contract sum was stated to be Kshs 7,499,999.55. The appellant contended that it carried out and delivered a portion of the cable installations and was issued with a certificate of payment for Kshs.996,251.40. On 9th May 2006, the appellant was paid a sum of Kshs.711,360.87 by the 2nd respon…