RULING OF THE COURT
By an amended plaint filed at the High Court of Kenya, Nairobi (Commercial and Tax Division), the applicant, ABN AMRO BANK N.V. sued the respondent KENYA PIPELINE COMPANY LIMITED for various sums of money and damages said to be owed in respect of various heads set out in the plaint. The thrust of the claim related to sale and storage of various petroleum products. The respondent filed a statement of defence and raised a set-off particulars which are set out in the defence.
The respondent did not stop there. It filed an application by Notice of Motion where it was prayed that certain documents it said were held by the applicant be produced within specified time but in default of production the suit to stand struck out with costs. That application which was opposed by the applicant was heard by F. Gikonyo, J, who in a Ruling delivered on 30th September, 2014 allowed the same with no order as to costs. Those orders are the subject of Civil Appeal No. 149 of 2015 filed …