JUDGMENT OF LAKHA, J.A.
This is an appeal by the unsuccessful plaintiff from the ruling of the superior court (Ole Keiwua, J.) given on 8 May 1998. By it the court ordered that the plaintiff’s suit against the defendant, the Eastern and Southern Africa Trade and Development Bank. (“The Bank”) and its interlocutory application for injunction should be struck out and dismissed with costs of the suit and of the application to the defendant.
The plaintiff is a limited liability company incorporated in the Republic of Kenya with its registered office also within the Republic. The defendant is a body corporate established by the Charter pursuant to Chapter 9 of the Treaty for the establishment of the Preferential Trade Area for Eastern and Southern Africa States whose principal and operational offices are in Nairobi, Kenya.
By a Loan Agreement (“the Loan Agreement”) dated 1 December, 1994 the plaintiff was granted by the defendant a term loan in various foreign currencies equivalent to US$ 675…