IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: MADAN, WAMBUZI and LAW JJ A)
CIVIL APPEAL NO 35 OF 1977
CONTINENTAL BUTCHERY LIMITED.......APPELLANT
VERSUS
NTHIWA....................................................RESPONDENT
JUDGMENT
(Appeal from the ruling and order of the High Court of Nairobi (Muli J) in Civil Case No 569 of 1977, dated 15th July 1977)
January 31, 1978, the following Judgments were delivered:
Madan JA: This appeal is against an order of refusal to enter summary judgment under order 35 of the Civil Procedure (Revised) Rules, 1948, for shs 76,000/- being the amount claimed to have been lent and advanced by the appellant to the respondent.
The motion for summary judgment was initially supported by the affidavit of a director of the appellant company Mr Juxton Shako who deponed that the respondent was truly and justly indebted to the appellant in the sum of shs 76,000/- for money lent and advanced and that full particulars of the appellant’s claim were contained in the amended plaint f…