JUDGMENT OF THE COURT
This second appeal traces its origin to a ruling by the Chief Magistrate’s Court, Nairobi, in which the court dismissed an application by the respondent, Taj Mall Ltd seeking to strike out a plaint by the appellant, Taj Villas Management Ltd. The subordinate court found that contrary to the respondent’s claim, the appellant’s plaint disclosed a reasonable cause of action. The respondent was aggrieved by the ruling and lodged an appeal in the High Court. By the judgment impugned in this appeal, the learned judge (Njuguna, J.) reversed the finding of the subordinate court, allowed the appeal and struck out the plaint. The appellant was equally aggrieved and filed this appeal in which it faults the learned judge, primarily for considering evidence in an application made under Order 2 Rule 15(1) (a) of the Civil Procedure Rules.
By way of background, on 19th May 2011, the appellant filed a suit in the subordinate court in which it pleaded that the respondent, after con…