JUDGMENT OF THE COURT
This is an appeal from the decision of the superior court (Bosire, J. as he then was) in Nairobi High Court Civil Case No. 1900 of 1995 given on November 27, 1996, by which the learned Judge entered summary judgment against Nairobi Golf Hotels (Kenya) Limited (the appellant), in a suit instituted by Lalji Bhimji Sanghani Builders and Contractors (the respondents) against the appellant for a liquidated demand of Shs. 5,784,782/=, costs and interest thereon.
Litigation between the parties arose as follows. By a standard building contract dated June 15, 1989, made between the respondents and the appellant, the respondents undertook to execute and complete the main construction work, painting and decoration for the appellant's prestigious hotel building known as "Windsor Golf and Country Club" here in Nairobi for the agreed consideration of Shs. 53,407,417/20. The contract itself is not in dispute. However, it is averred by the respondents in paragraph 4 of their plain…