SANYU INTERNATIONAL LIMITED V. ORIENTAL COMMERCIAL BANK LIMITED

JUDGMENT OF THE COURT

This appeal arises from a dispute between the Sanyu International Limited, the appellant and Oriental Commercial Bank Limited, the respondent where in a plaint dated 6^th March 1995, Delphis Bank Limited, the plaintiff claimed a sum of Kshs 10,042,934/- from the appellant in respect of sums advanced to it through its branch in Kisumu. Delphis Bank Limited later changed its name to Oriental Bank Limited, and the plaint was subsequently amended on 9^th October 2007 to reflect amongst other amendments, that change of name.

On 25^th July 2010 by way of a consent made between the parties, the respondent was granted leave to further amend the plaint. The consent stated as follows;

“1) The plaintiff be and is hereby allowed to amend the plaint to inter alia conform to the requirement of the CPRs 2010. This is to be done within the next 21 days; the plaintiff to serve witness statement and a revised list of documents within the said period.

2) The defendant be at liberty to fil…