JUDGMENT OF THE COURT
1. On or about 31st May 2010, the respondent entered into a contract with the appellant in which the respondent undertook to construct for the benefit of the appellant a Library Complex at the Maseno University Grounds. The contract was executed pursuant to a tender won by the respondent.
2. The respondent performed and executed its contractual obligations. Subsequently, the appellant invoked the mutual termination clause in the contract after a substantial amount of work had been done. A mutual termination agreement was entered into between the parties. In the agreement, it was agreed that an evaluation and valuation of the work done was to be undertaken. It was a term of the mutual termination agreement that the respondent shall remain on site until full and final payment of the outstanding sum is made.
3. Subsequent to the signing of the mutual termination agreement, a dispute arose as to what is the value of the work done and what amount is due to the respondent…