JUDGMENT OF THE COURT
[1] This is an appeal from the judgment of the High Court (Rimita, J.) wherein leave was granted to the 1st respondent (hereinafter referred to as the Thika Coffee Mills Ltd “TCM”), to further re- amend its plaint and at the same time judgment on admission in the sum of USD 5,862,595.71/= was entered against the appellant (hereinafter referred to as the Coffee Board of Kenya”CBK”). A brief background of this matter is that TCM filed a suit by way of a plaint in the High Court at Nairobi on 7th May, 1998. The original plaint before the amendments was against CBK. There were several claims that included inter alia general, aggravated and exemplary damages.
[2] Briefly stated, TCM’s claim was that the then Minister for Agriculture issued a directive dated 24th February, 1997 that was geared towards the liberalization of the coffee milling and marketing industry which was before then a monopoly of CBK. The directive required CBK to issue requisite licenses and/or permi…