JUDGMENT OF THE COURT
The pertinent facts of this appeal are brief and are as follows. The NIC Bank Limited “the appellant” instituted a suit in the High Court at Nairobi seeking to recover Kshs.3,628,168.83 from John Kisukha Mukakhula T/A Bungoma Teachers Training College, “the respondent”. The respondent entered appearance and duly filed defence to the claim. On 13th February 2011, the appellant filed its reply to the defence which marked the close of pleadings. Thereafter on 6th May 2011, the appellant filed a notice of motion dated 25th May 2011 seeking to have the respondent’s defence struck out. The application was heard on its merits and on 12th March 2012, the High Court delivered its ruling with a finding that, contrary to the appellant’s assertion that the respondent’s defence failed to raise any triable issues, indeed the defence did raise triable issues and a full trial on merits was therefore apt.
In the last paragraph of the ruling, the court made directions that now form …