JUDGMENT OF THE COURT
The appeal arises from the two inter related Rulings of the High Court of Kenya sitting at Nairobi J.B. Ojwang, J (as he was then) dated 17th February, 20065 and 12th July, 2006.
The background to the appeal, as relevant to the impugned Rulings is that, the 1st respondent took out a Notice of Motion dated 3rd of August, 2004 brought under order L. Rule 1 of the Civil Procedure Rules (CPR) and section 3A of the Civil Procedure Act (CPA), substantively seeking the following orders.
(1) That the Chairman of the Board, or the Managing Director /General Manager and or the Finance Manager of the Kenya Planters Co-Operative Union (2nd defendant) be summoned to court and ordered to tell the court whether the 2nd defendant is still holding Kshs. 13,251,549.95 which belongs to the plaintiffs herein; or (b) whether the 2nd defendant has released the said sum of Kshs. 13,251,549.95 to anyone else.
(2) That the representative of the 2nd defendant as aforesaid, so summoned, be req…