JUDGEMENT OF THE COURT
This appeal arises from a ruling on an interlocutory application filed by the appellant, Dominion Farms Limited, against the respondent, Diamond Shield International Limited, which application was dismissed by Chemitei, J, on 21st January, 2014 after he found triable issues arising from the defence and counter-claim filed in the matter. Because the suit before the High Court is still pending we shall tread carefully so that we do not trespass into areas that belong to the trial judge.
By the plaint filed at the High Court of Kenya at Kisumu, the appellant alleged that it entered into contract with the respondent for the supply and delivery of rice by the appellant to the respondent and that rice worth Kshs. 32,760,000/= had been supplied but that the respondent paid only a sum of Kshs. 3,500,000/= leaving an unpaid balance of Kshs. 29,260,000/= due and owing. This sum was thus claimed with interest at the commercial rate of 20% per annum from the date of filing th…