<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The appellant John Paul Titi has appealed from the ruling of the High Court at Nairobi (Ole Keiwua, J.) in the High Court Civil Case no. 5212 of 1992 in which Mumias Sugar Co (the respondent) sued the appellant on or about 25 September 1992 for the recovery of Shs. 633,558.85 being a sum had and received by the appellant for the use of the respondent. Alternatively, the respondent claimed the same amount from the appellant being the balance amount due to the respondent from the appellant as being moneys advanced to the appellant by the respondent the particular of which were said to be well known to the appellant.</p><p class="ql-align-justify">By his defense dated 25^th January 1993 (paragraph 2) the appellant denied that he was indebted to the respondent either as money had and received or as advances made to him and put the respondent to strict proof thereof. The appellant however conceded by paragraph 3 of the same defense that he could be indebted to the respondent in respect of cheques issu…</p>