JUDGMENT OF THE COURT
In 1999, the appellant conceived a project to put up a twelve storey building in Nyeri. To implement and deliver the project, the appellant engaged the services of various consultants.
The respondent, Peter Njoroge Ngahu t/a Ngahu Associates was appointed as the quantity surveyor for the project. The appointment was by a letter dated 19th March 1999, in the following terms:
“Following the interview you did on building consultants for the above stated society on 17th March, 1999, the management committee has the pleasure to inform you that you got appointed as Quantity Surveyor. Your terms of service are under the conditions of engagement under Cap 525 of the Laws of Kenya for architects and QS and the respective chapter for engineers. “You shall work with the following group of consultants:
Engineers – Frame Consultants
Architects – Wambugu Mathews
You are expected to start work from the date of this letter....”
Upon receipt of the letter of appointment, by letter dated…