JUDGMENT OF THE COURT
1. This appeal arises from the ruling of P. J. Otieno, J. delivered at Mombasa on 23rd September 2019. The ruling was in respect of two applications by the respondent and a preliminary objection by the appellant.
2. The factual background to the two applications and the preliminary objection is that sometime in 2012 the parties entered into an agreement to place a bid and tender with the Kenya Ports Authority for consultancy services for detailed designs, review and supervision of construction of the three berths and associated infrastructure for the proposed Lamu Port.
3. The tender was annexed by a letter dated 31st January 2013. In its pleadings before the trial court, the respondent stated that after the award of the tender the appellant sidelined the respondent from participation in the project; and the appellant coerced the respondent into signing a sub-consultancy agreement dated 18th August 2017 which changed the terms of the original agreement.
4. The respon…