JUDGMENT OF PLATT, AG JA
The proceedings during the trial of this case were complicated and somewhat irregular, and while both parties at different stages wanted leave to appeal ( all such leave being refused,) the plaintiff finally earned the absolute right to appeal, having suffered judgment against it on a counter-claim, and having had its suit dismissed. Mr Inamdar for the appellants and Miss Jiwaji for the respondent have fortunately left this court with a very clear idea what the issues really were, and the court is grateful.
The plaintiff, Highway Carriers Ltd had initially claimed against Messrs Awadh Mahrus, Kshs 26,592.65 being the balance due by the defendant for moneys spent for and on behalf of the defendant at the defendant’s request, for the upkeep, maintenance and repair of the defendant’s request, for the upkeep, maintenance and repair of the defendant’s vehicle, as well as the supply of petroleum products during the year 1976. This suit was brought in August, 1976.