SOUTHERN SHIELD HOLDINGS LIMITED V. ESTATE BUILDING SOCIETY

JUDGMENT OF THE COURT

By a plaint dated and filed in the High Court of Kenya at Mombasa on 27^th June 1989 in HCCC No. 374 of 1989, Kenya Coastal Holdings Limited sued the current respondent, Estate Building Society, for beach of agreement of sale of property. By an order dated 21^st October, 1993, the suit was transferred from Mombasa to the High Court of Kenya Central Registry, Nairobi where it became Civil Case No. 209 of 1995 before a further transfer to Milimani Commercial Courts where it ended up as High Court Civil Case No. 1851 of 2001.

During the pendency of the litigation, the plaintiff changed its name from Kenya Holdings Ltd. to Southern Shield Holdings Ltd and by a consent order dated 27^th June, 2002 the necessary substitution was effected in the suit.

The plaint itself was amended on 28^th November, 2001, further amended on 27^th June, 2002 ending with a second further amended plaint dated 20^th December 2002.

The substance of the plaintiff’s claim was that by a written agreement…