JUDGMENT OF THE COURT
Background
[1] ABN Amro Bank Limited (the appellant herein) is the plaintiff in High Court Civil Case No 3 of 2012 (the suit). It has sued the Kenya Pipeline Company Limited (the respondent herein). In that suit, the appellant alleges that through Fortis Bank (Nederland) NV (Fortis), a licensed banking institution headquartered in the Netherlands, was involved in various transactions between it and various petroleum companies in Kenya. Pursuant to a merger between Fortis and the appellant on 1st July 2010, all the assets, rights and liabilities of Fortis were acquired by ABN Amro Bank by virtue of universal succession of title in accordance with Dutch law, including all claims that Fortis had with respect to transactions entered into.
[2] Vide its amended plaint filed on 8th May, 2012, the appellant alleged that between 27th October 2007 and 9th March 2008, it entered into an agreement with Triton Petroleum Company Limited (TPC), Triton Energy (K) Ltd [Triton Energy…