JUDGEMENT OF THE COURT
In this appeal, the appellant, Kenya Ports Authority, is dissatisfied with the decision of the High Court which determined that the defence of limitation of time under section 4 (1) of the Limitation of Actions Act Cap 22 and section 66 of the Kenya Ports Authority Act were not applicable to the respondent, whereas the pleadings specified that the cause of action arose from an alleged breach of contract by the appellant.
The background of the case is that in January 2008, the appellant requested interested parties to present bids for the operation of an empty container yard within the vicinity of the Port of Mombasa which would be used for storage, handling and transportation of empty containers. Summit Cove lines Company Limited, the respondent was found to have complied with the tender specifications, and was awarded the tender vide a Notification of Award Letter dated 12th May 2008. Following receipt of the letter, the respondent proceeded to acquire equipment,…