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Matex K Limited v. East African Molasses Company Ltd

(1993) JELR 99206 (CA)

Court of Appeal  •  Civil Appeal 19 of 1989  •  30 Sep 1993  •  Kenya

Coram
Johnson Evan Gicheru, Abdul Majid Cockar, John Mwangi Gachuhi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Gachuhi, Gicheru and Cockar JJ A)

CIVIL APPEAL NO 19 OF 1989

MATEX K LIMITED.............................................. APPELLANT

VERSUS

EAST AFRICAN MOLASSES COMPANY LTD........ RESPONDENT

(Appeal from a ruling of the High Court of Kenya at Nairobi

(Akiwumi J) dated 8th August, 1988

in HCCC No 3514 of 1986)

JUDGMENT

Gachuhi JA. Matex Kenya Limited (the appellant) filed a suit in the High Court claiming from the respondent the repayment of money paid and lent to the respondent or paid for and on behalf of the respondent at its request from time to time in the years 1984 and 1985 amounting to a total sum of Shs 4,000,000/-. After appearance was entered the appellant applied for summary judgment under order XXXV rule 1 of the Civil Procedure Rules (cap 21). The respondent filed its defence and counter claim out of time with the consent of the appellant. Numerous affidavits were filed by the parties before the hearing of the Chamber Summons. Counsel for …

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