Bank of Baroda (Kenya) Limited has attributed its failure to file a defence in a Ksh2.9 billion commercial dispute to its former lawyers, Tayabjee & Bhalla Advocates, according to a supplementary affidavit filed before the High Court.
In the affidavit sworn by Bank of Baroda credit officer Hillary Sang, the bank claims that the law firm did not inform it that the court had granted leave to file a defence within a specified period.
Sang stated that, based on the advice the bank received from Tayabjee & Bhalla Advocates, the lawyers did not mention that leave to file a defence had been granted.
The affidavit was filed in a case involving Infinity Industrial Park Limited and Bank of Baroda (Kenya) Limited before the High Court’s Commercial and Tax Division.
The bank’s position comes against the backdrop of a ruling delivered by Justice Peter Mulwa on July 31, 2026, in which the court dismissed the bank’s attempt to set aside a default judgment entered against it.
In his ruling, Justice Mulwa noted that after the plaintiff’s application had been dismissed, the court granted the defendant leave to file its statement of defence within a specified period. The judge found that the bank was represented by counsel and was fully aware of the order but failed to comply with the deadline.
The bank has now sought to explain that failure by pointing to its former legal representatives.
According to Sang’s affidavit, the bank’s current advocates, Musyoka Murambi & Associates Advocates, advised that the failure by the former lawyers to update the bank on the court’s order left it without knowledge that it needed to follow up on the filing of the defence.
The affidavit further argues that the alleged failure by Tayabjee & Bhalla to disclose the August 14, 2025 orders was prejudicial to the bank and should provide grounds for the court to reconsider its earlier decision.
However, Justice Mulwa had previously rejected the bank’s explanation, observing that the matter could not be conducted at the convenience of one party. The judge also noted that no affidavit had been sworn by the advocate on record explaining any mistake, inadvertence or other excusable circumstance behind the failure to file the defence.
An email attached to the affidavit also shows Tayabjee & Bhalla communicating with the bank about developments in the case, including court proceedings and the expected delivery of a ruling.
