JUDGMENT OF THE COURT
 Litigation giving rise to the appeal before us, commenced with High Court Civil Case No. 398 of 2005 which was filed at Nairobi Milimani Commercial Court by Technomatic Limited t/a Promopack Company (hereinafter referred to as the 1st respondent). The 1st respondent had sued Kenya Wine Agencies Ltd (hereinafter referred to as the appellant), seeking judgment as follows:
Judgment to be entered against the appellant for Kshs.59,243,072.20/-
A permanent injunction restraining the appellant from committing further breach of the contract between it and the 1st respondent entered into in February 2004.
Damages for the breach of contract.
A mandatory injunction compelling the appellant to perform its obligation under the contract entered into in February, 2004.
Costs of this suit.
Interests at Court rates
 The appellant filed an amended defence and counter claim dated 25th October 2006, in which it admitted having entered into an agreement with the 1st respondent for su…