BANK OF BARODA LIMITED
V.
TIMWOOD PRODUCTS LTD

JUDGMENT OF THE COURT

The genesis of this protracted litigation is the plaint dated 28^th April, 1997 and filed in the High Court at Nairobi on 29^th April, 1997 by Timwood Products Limited as plaintiff against Bank of Baroda (K) Limited as defendant. In that plaint, Timwood, the respondent to the appeal before us, had prayed for various orders against the Bank the appellant herein, and those orders were for

“(1) A mandatory injunction compelling the Defendant to release the sum of ?16,118.69 and U.S $15,591.40 to the plaintiff;

(2) Alternatively, the payment of the sum of ?16,118.69 and U.S $15,591.40 as money had and received by the Defendant to the use of the Plaintiff;

(3) Interest on the above sums at prevailing Commercial Bank rates;

(4) Return of the title deed for L.R. Number 209/3492 held by the Defendant;

(5) General Damages for breach of contract;

(6) Alternatively, damages arising out of the losses suffered by the Plaintiff on the said sums due to currency fluctuations;

(7) Damages …