JUDGMENT OF THE COURT
 This is an appeal from the judgment of the High Court (Mutava, J.) allowing with costs the respondent’s application for striking out the appellant’s suit under Order 2 Rules 15(b) (c) and (d) of Civil Procedures Rules, 2010 and sections 1A, 1B and 3A of Civil Procedure Act.
 The appellant by an amended plaint dated 16th April 2010 prayed for judgment against the respondent bank (bank) herein for:
a. Shs.50,000,000 due under bank guarantee No. GDBK/2009/066 dated 8th July 2009 issued y the respondent as tender security on behalf of Erdermann Property Limited.
b. Shs. 215,000,000 due under bank guarantee No. GDBK/2009/067 dated 8th July 2009 issued by the respondent as tender deposit on behalf of Erdermann Property Limited.
The appellant in addition claimed for interest and costs.
 The facts on the basis of which the claim was made and pleaded in the plaint are stated in paragraphs 3.1-3.8 hereunder thus:
[3.1] In the months of June and October, 2009, the appell…