TRISHCON CONSTRUCTION COMPANY LIMITED
V.
MOHAMED SALIM SHAMSHUDIN & ANOTHER

JUDGMENT OF THE COURT

1. At all material times to this suit, the 1^st respondent, Mohamed Salim Shamshudin, was the registered proprietor of Nairobi LR No. 330/274 situated along Gitanga Road in Lavington in the City of Nairobi (hereinafter referred to as the property). By an agreement dated 2^nd June 2006, the 1^st respondent contracted the appellant to construct thirty-two (32) luxurious apartments on the property.

2. The contract between the parties had, inter alia, the following express terms:

(a) The 1^st respondent will pay the appellant a negotiated fixed sum of Ksh. 105,000,000/=.

(b) The appellant is to execute the construction works with diligence and within 15 months starting from 2^nd June 2006 and ending on 2^nd September 2007.

(c) In the event of major dispute between the parties, the two parties can jointly resolve the dispute through the Architect and an agreed arbitrator to whom both shall agree and share the arbitration costs equally.

(d) The appellant shall provide a performanc…