JUDGMENT
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 filed in the suit against the defendant. Mr Shako further deponed that he verily believed there was no defence to the suit and the respondent had entered appearance for the purpose of delaying judgment. In fact no amended plaint was filed in the suit.
The respondent swore an affidavit in reply for the purpose of obtaining leave to defend, in which he stated that he carried on as the sole pro…