<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p class="ql-align-justify">[1] This is an appeal from the judgment of the High Court (Rimita, J.) wherein leave was granted to the 1^st respondent <em>(hereinafter referred to as the Thika Coffee Mills Ltd “TCM”),</em> to further re- amend its plaint and at the same time judgment on admission in the sum of USD 5,862,595.71/= was entered against the appellant <em>(hereinafter referred to as the Coffee Board of Kenya”CBK”)</em>. A brief background of this matter is that TCM filed a suit by way of a plaint in the High Court at Nairobi on 7^th May, 1998. The original plaint before the amendments was against CBK. There were several claims that included<em> inter alia </em>general, aggravated and exemplary damages.</p><p class="ql-align-justify">[2] Briefly stated, TCM’s claim was that the then Minister for Agriculture issued a directive dated 24^th February, 1997 that was geared towards the liberalization of the coffee milling and marketing industry which was before then a monopoly of CBK. The directive required CBK to issue requisite licenses and/or permi…</p>