<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">On 17th June, 1997 the superior court (Ang&#x27;awa, J.) in a somewhat incomprehensible ruling declined to enter summary judgment against the appellant (the defendant) but ordered as follows:</p><p class="ql-align-justify"><em>&quot;I hereby give the following orders that the defendants deposits Kshs.38,700,000= in the joint names of the two advocates from (sic) each party in the name of the Mombasa Deputy Registrar of the High Court of Kenya within 7 days. Failing to make such deposit summary judgment be entered. I decline to grant a stay pending the hearing of the counter-claims. If payment is made leave to defend is given.&quot;</em></p><p class="ql-align-justify">What the learned judge ordered amounted to a conditional leave to defend, the condition being that of depositing a sum of shs. 38,700,000/= in joint account in the names of the advocates for the respective parties and the Deputy Registrar of the High court of Kenya at Mombasa. The superior court did not say in which banking institution the deposit was to be made within the short space of…</p>