JUDGMENT OF THE COURT
The appellant in this appeal, University of Nairobi (hereinafter called the appellant) and the respondent N.K. Brothers Limited (hereinafter called the respondent) entered into three separate contracts, on 2nd January, 1990 in which the respondent, a building construction company undertook to construct for the appellant three separate entities all at Kikuyu Campus and the appellant agreed to meet the agreed cost of constructing the same. The first agreement was for the construction of Hostel Block, kitchen and dining hall, warden’s house, toilet block and vegetable store together with associated external works. The agreed cost of constructing this entire entity was Ksh.67,943,179/75 and the completion date was 4th September 1990. The second agreement was for the construction and completion of Library Block together with Associated External works at an agreed contract price of Ksh.13,002,304/50. This was to be completed on or before 19th June 1990. The last agreeme…