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TONONOKA STEELS LIMITED v. EASTERN AND SOUTHERN AFRICATRADE AND DEVELOPMENT BANK

(1999) JELR 94896 (CA)

Court of Appeal  •  Civil Appeal 255 of 1998  •  13 Aug 1999  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 255 of 1998

TONONOKA STEELS LIMITED. ... ....................................APPELLANT

AND

THE EASTERN AND SOUTHERN AFRICA

TRADE AND DEVELOPMENT BANK....................RESPONDENT

{An appeal from the Ruling of the High Court of Kenya at Nairobi (Ole Keiwua, J) dated 8th May, 1998.

in

H.C.C.C. NO. 267 OF 1998)

JUDGMENT OF TUNOI JA.

The appellant,Tononoka Steels-Limited, the plaintiff in the suit, is a limited liability company incorporated in the Republic of Kenya. It is engaged in the manufacturing and selling of steel products, especially steel pipes. The respondent, the defendant in the suit, is a body corporate established by Charter pursuant to Chapter 9 of the Treaty for the establishment of the Preferential Trade Area for Eastern and Southern African States and itsoperational offices are at Nairobi, Kenya. I shall hereinafter refer to the respondent as "The-PTA Bank".

The appellant was desirous of setting up in Kenya a plant for manu…

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