IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Nyarangi, Platt and Kwach Ag JA )
CIVIL APPEAL 11 OF 1986
LALJI T/A VAKKEP BUILDING CONTRACTORS............APPELLANT
VERSUS
CAROUSEL LIMITED..................................................................RESPONDENT
JUDGMENT
(Appeal from a judgment and decree of the High Court at Nairobi, Butler-Sloss J dated 12th September 1985,
in
Civil Case No 587 of 1985)
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January 18, 1989 the following Judgment of the Court was delivered.
This is an appeal from the judgment of the High Court given in favour of Carousel Ltd (the respondent) against a firm called Vakkep Building Contractors (hereinafter called the appellants) on an Order 35 application for summary judgment.
The claim which has culminated in this appeal arose out of what is commonly known as a building dispute. On 29th June, 1981 the appellants entered into a contract (the main contract) with Mukawa (Hotels) Holdings Ltd under which the appellants agreed to buil…