IN THE COURT OF APPEAL
AT NAIROBI
(Coram:Law, Miller and Potter JJA)
CIVIL APPEAL NO.10 OF 1979
BETWEEN
DAVID W. NDIRANGU..........................................................................APPELLANT
AND
ADIJAH HASSANABDALLA............................................................RESPONDENT
(Appeal from the High Court at Nakuru, Nyarangi J)
JUDGMENT
This appeal is from an original and a further interlocutory order made by the High Court Nakuru (Nyarangi J) in Civil Suit No 5 of 1979. By plaint filed on January 3, 1979, the present respondent as plaintiff, sued the appellant/defendant claiming the sum of Kshs 53,500 allegedly arising from a cash against a bank cheque transaction to the said amount, the said cheque having proved worthless on presentation. The appellant’s filed defence acknowledged the respondent’s lodging the said cheque with him on an agreement not to use or deliver it to the named drawee therein,, but denied ever receiving from the respondent the sum of Kshs 53,500 as a…