REMESHCHANDRA JANTILAL SHETH,JANTILAL HANSRAJ SHETH,CHANDRAKANT JANTILAL SHETH ALL T/A J. MAGANLAL & COMPANY V. V. J. RUPARALIA T/A V. J. RUPARALIA & COMPANY

JUDGMENT OF THE COURT

This is an appeal from the decision of the superior court (Juma, J.) in Nairobi High Court Civil Case No. 1053 of 1995 given on 9th May, 1996, by which the learned Judge struck out the defence of the appellants in a suit filed by the respondent against the appellants and entered summary judgment for the respondent against the appellants for the liquidated demand of Shs.1,000,000.00, costs and interest thereon.

Litigation between the parties arose as follows: The first, second and third appellants are all partners in the firm known as J. Maganlal and Company (the firm). On 5th March, 1994, the respondent paid Shs.1,000,000.00 to Ukwala Trading Company Limited in payment of goods supplied to and for the benefit of the firm on the understanding that the said sum would be refunded to him within 30 days after its payment.

The contract, which is disputed by the appellants was, however, oral. Payment was not honoured on its due date and two demand letters went unanswered…