JUDGMENT OF THE COURT
On 25th March, 2016, the High Court (Mabeya, J.) struck out the defence filed by Twiga Chemicals Industries Ltd (hereinafter, the appellant) in HCCC No. 553 of 2013 and allowed only one issue to go for trial. Partial execution of the ensuing decree was also allowed. The appellant now seeks to have those orders set aside and substituted with an order that the whole suit shall go for trial or arbitration on merits. The only issue is therefore whether Mabeya, J. exercised his discretionary power in a judicious manner.
Pending the hearing and determination of this appeal, the High Court (Gikonyo, J.) made an order that the entire decretal sum be deposited in an interest earning account in the joint names of the advocates on record and the Deputy Registrar of the court. The order has since been complied with.
A short background to the appeal is necessary:
Rotam Agrochemical Company Ltd, (hereinafter 'the respondent') is a multinational company based in Hong Kong and is in…