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 the appellant supplemented his submissions with written submissions. After the hearing of submissions, ruling was delivered dismissing the Chamber Summons and granting unconditional leave to defend giving rise to this appeal.
The facts of the case are that the respondent entered into an agreement of sale with the appellant dated 18th November, …