JUDGMENT OF THE COURT
Industrial And Commercial Development Corporation (ICDC) , the appellant, was the defendant in High Court Civil Case No. 3389 of 1994, in which Sum Model Industries Limited, as plaintiff, sought declaratory orders and damages, special and general, among other reliefs, for alleged breaches of an agreement and debenture deeds executed between the parties on or about 23rd January, 1990. The aforesaid suit was heard by Msagha, J. and on 16th February, 2000, he delivered his judgment wherein he awarded the plaintiff, the respondent in this appeal, K.Shs.8,515,060.30 special damages with interest at 18% per annum, Kshs.5,000 per day from 22nd October, 1992 to 15th September, 1994, for loss of business and an order decreeing the discharge and release of securities the respondent had given to secure a loan to it by the appellant. So as at the date of judgment Kshs.16,158,614.30 was found to be due to the respondent.
It is against the above decision that this appeal relates…