BROBBEY J.A.: On 1 October 1987 the plaintiff was employed by Fyne Ltd. as its managing director. The contract was in writing and contained the terms and conditions of the employment.
The defendant was appointed receiver of Fyne Ltd. in 1991. One of the first actions the defendant took was to write to continue the services of the plaintiff as per the second paragraph of the letter dated 1 November 1989. Subsequently, the defendant wrote to the plaintiff this time to discontinue the employment.
The plaintiff then issued a writ claiming, inter alia, US $40,786 as accrued salary and other allowances as well as a return air ticket to Lebanon as stated in the written contract of employment. In his statement of defence, the defendant admitted in paragraph (7) that he was indebted to the plaintiff but the amount owed was US $39,703.12.
The plaintiff then filed a motion for judgment in terms of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), Order 32, r. 6. This motion has been resiste…