The plaintiff in this case claimed for a sum of shs.137, 711,079/= as general damages, interest and cost of the suit, arising from default by the defendant to pay to the plaintiff the balance of the contracted work.

The defendant admitted liability to the plaintiff for the outstanding balance of 40, 189,000/=, but disagreed as to the measure of damages, interest and costs of the suit.

The issues that were famed for determination were; Whether the plaintiff was entitled to any damages, whether the plaintiff was entitled to the interest it claimed for, and whether the plaintiff was entitled to costs.