JUDGMENT OF THE COURT
By a plaint dated and filed in the High Court of Kenya at Mombasa on 27th June 1989 in HCCC No. 374 of 1989, Kenya Coastal Holdings Limited sued the current respondent, Estate Building Society, for beach of agreement of sale of property. By an order dated 21st October, 1993, the suit was transferred from Mombasa to the High Court of Kenya Central Registry, Nairobi where it became Civil Case No. 209 of 1995 before a further transfer to Milimani Commercial Courts where it ended up as High Court Civil Case No. 1851 of 2001.
During the pendency of the litigation, the plaintiff changed its name from Kenya Holdings Ltd. to Southern Shield Holdings Ltd and by a consent order dated 27th June, 2002 the necessary substitution was effected in the suit.
The plaint itself was amended on 28th November, 2001, further amended on 27th June, 2002 ending with a second further amended plaint dated 20th December 2002.
The substance of the plaintiff’s claim was that by a written agreement…