JUDGMENT OF THE COURT
This is an appeal from a ruling delivered by Kimaru, J on 29 October 2008. Before the learned Judge was a Notice of Motion where it was prayed, inter alia, that the court adopts a decision of a Deputy Registrar delivered on 27th August 2004 as a judgment of the court. In the said decision, the Deputy Registrar had found that the appellant, Kenya National Capital Corporation Limited, (the defendant) owed the respondents, Mohan Galot, L.P. Galot, S.P Galot, G.P. Galot, Galot Industries Limited, King Woollen Mills Limited (formerly Manchester Outfitters Suiting Division Limited (the plaintiffs) a sum of Kshs 48,951,536.00 together with interest thereon at the rate of 19% per annum until payment in full. The learned Judge allowed the application ordering further that the rest of the claim go to hearing.
A brief history of the case at the High Court will assist in appreciating the issues for determination in this appeal.
By a plaint filed in the High Court of Kenya at Na…