JUDGMENT OF THE COURT
This is an appeal from the ruling of Hayanga J delivered on 2nd January, 2002 by which the learned Judge allowed the respondent’s application dated 26th May, 1999 for orders to strike out the appellant’s further amended defence and to enter summary judgment in favour of the respondent as sought in the plaint filed in the High Court of Kenya at Mombasa on 6th February, 1997. The application was by way of Notice of Motion and expressed to be brought under Order 6 Rule 13(1)(a) and Order 35 Rules 1 and 2 of the Civil Procedure Rules.
The facts presented before the superior court, so far, may briefly be narrated as follows: The respondent, D.J. LOWE AND COMPANY LIMITED, is a company locally incorporated in this country and at all times material to the suit, carried on the business of buying and selling tea in bulk. It was a customer of the appellant BANQUE INDOSUEZ, a leading local Bank wherein the respondent operated two Current Accounts in United States Dollars and i…