APPOLLO INSURANCE COMPANY LIMITED
V.
EAST AFRICAN DEVELOPMENT BANK & ANOTHER

JUDGMENT OF THE COURT

By a Plaint dated 24 ^th March 2003 and re-amended on 31^st January 2007, the 1^st respondent Bank, EAST AFRICAN DEVELOPMENT BANK, filed suit against the appellant, APOLLO INSURANCE COMPANY LIMITED , for a liquidated claim of Ksh. 35,490,000/= with interest thereon at 18% per annum from 13^th February 2002 until payment in full.

The appellant issued a Third Party Notice joining the 2 ^nd respondent, CMC MOTORS GROUP LIMITED, seeking the following reliefs from the 2^nd respondent:

“(a) Indemnity in full if the appellant is held liable for the whole or any part of the 1^st respondent’s claim including interest and costs;

Costs of the suit including costs of Third Party proceedings; and

Such further or other relief as the court shall deem fit”

The facts that gave rise to the 1 ^st respondent’s liquidated claim against the appellant and the facts giving rise to the appellant’s Third Party indemnity claim against the 2^nd respondent are as follows:

“(a) By an agreement dated 1^st Oc…