JUDGMENT OF THE COURT
This is an appeal from the judgment of the superior court (Rimita, J.) delivered at Nakuru on 3rd May, 1999.
This appeal has its origin in High Court Civil Case No. 311 of 1990 at Nakuru in which the appellant herein, Gajipara Builders, (as the plaintiff) sued the respondent, Mrs. J. Ndegwa (as the defendant) . The appellant’s claim against the respondent was for the sum of Shs.401,680/= being in respect of work done, material supplied and services rendered by the appellant to the respondent namely construction of the defendant’s school and toilets at plot No. 2/490 Nakuru in the year 1987/88. The pertinent paragraphs of the plaint stated as follows:-
“3. The Plaintiff(s) claim against the defendant(s) is for the sum of Shs.401,680/=being in respect of work done, material supplied and services rendered by the plaintiff to the defendant namely construction of the defendant school and toilets premises at Plot No. 2/490 Nakuru in the years 1987/1988 particulars whereof…