YAYA TOWERS LIMITED V. TRADE BANK LIMITED (IN LIQUIDATION)

JUDGMENT

LAKHA JA. These proceedings arise from yet another action in the long running battle relating to the construction and development of a building complex in Nairobi now popularly called “Yaya Centre”. They are by way of an appeal by the unsuccessful defendant from a decision of the superior court (Mbaluto J) given on 4th February 2000 whereby the learned judge dismissed the defendant’s application dated 22nd October 1999 to strike out the plaint and dismiss the suit brought against it by the plaintiff by a plaint dated and filed on 15th June 1998 claiming Kshs 195,684,223/ 30 together with the interest and costs. The grounds of the application were that the suit was an abuse of the process of the court or, alternatively, the claim was frivolous.

The plaintiff’s case as pleaded can be summarized as follows: (1) At all material times the defendant operated a banking account with the plaintiff being Account No 569960 through which the defendant transacted and paid for all expenses r…