JUDGMENT OF THE COURT
This is an appeal from the Ruling of Mwera, J. delivered on 4th October, 2007 in which the learned Judge ruled on a preliminary point of law.
The background to this appeal may be briefly stated. The appellant herein KANTARIA INVESTMENTS LTD. (as the plaintiff in the Superior Court) filed a suit against the respondent (as the defendant) seeking judgment for the following:-
“a) Mesne profits @ Kshs.20,000/= for period 1-8-95 to 31-4-97 Kshs.10,080,000/=;
b) Kshs. 479,621/= unpaid Electricity and Water;c) Kshs. 3,029,60.65 for repair charges;d) Damages for breach of contract;e) Interest on a, b, c, and d, at 36% per centum per annum;f) Such further or other relief as this Honourable Court may deem fit to grant.” The respondent filed a defence denying the appellant’s claims and asked the superior court to dismiss the suit with costs. When the trial of the suit was about to commence Miss Odongo the learned Counsel for the respondent was allowed to argue paragraph 14 of th…