JUDGMENT
Mr Joseph Ochieng’, Mr Philip Kafuande and Mr Henry Hegga are the proprietors of a firm called Aquiline Agencies (hereinafter called the appellant). Sometime in 1985, the appellant filed a suit in the High Court at Nairobi against the First National Bank of Chicago (hereinafter called the Bank) seeking damages for inducing breach of contract and an injunction restraining the bank from exercising its statutory power of sale in relation to immovable property known as Nairobi/Block 82/302, mortgaged to the bank to secure a loan made to Joseph Ochieng’ by the bank.
The claim for inducing a breach of contract was pleaded in the plaint as follows:
“(3) In or about January 1984 the plaintiffs entered into a confirmed contract with Printpak (Tanzania) Limited whereunder the plaintiffs would supply 1000 tonnes of newsprint to the said Printpak (Tanzania) Limited at a total cost of Kshs 23,800,000 to be paid in dollars through Mantrust Manufacturers Hanover Trust of London.
(4) The plainti…