JUDGMENT OF O’KUBASU, J.A.
The appellant herein, NATIONWIDE ELECTRICAL INDUSTRIES LTD., is aggrieved by the judgment of the superior court (Onyango Otieno, J. – as he then was) by which the superior court found the appellant liable and entered judgment for the respondent as prayed in the plaint and dismissed the appellant’s counter-claim.
The dispute between the parties can be traced to a plaint filed in the superior court on 25th September, 1998 by the PRIME CAPITAL and CREDIT LTD. (as the plaintiff) citing the appellant herein as the respondent. The pertinent paragraphs of the said plaint were as follows:-
“3. The plaintiff’s claim is against the defendant as maker of the four (4) promissory notes described hereunder payable to Shah Motors Limited or order on the dates and for the sums set out hereunder which said promissory notes were endorsed by Shah Motors Limited in favour of the plaintiff who in the ordinary course of business, discounted the same in the account of Shah Motors Lim…