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JUDGMENT
Madan JA This appeal stems from an order of dismissal of an application for summary judgment made by Muli J. I shall hereafter refer to the appellant and the respondent as the plaintiff and defendant which they were respectively in the suit between them in the High Court. The plaintiff’s suit against the defendant was for recovery of Austrian Schillings 724,084.59 being the balance of the agreed purchase price of machinery sold and delivered by the plaintiff to the defendant trading as Mwahito Enterprises during 1974. In his written statement of defence, the defendant “conceded” that an agreement for sale of the machinery was entered into between his firm Mwahito Enterprises and the plaintiff, but the defendant was not interested in the relief claimed at all and he was sued wrongly as, subsequently, all rights and duties under the contract for the sale of the machinery were assigned to a limited liability company called Kenwafers Limited, with the full assent of the plaintiff.
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