SOLOMON MUNYWOKI V. AHMED GAID

JUDGMENT

This appeal from the ruling of Rauf J raises the question whether the defendant’s written statement of defence disclosed bonafide triable issues upon which the defendant is entitled to defend without condition.

The plaintiff (now respondent) brought an action against the defendant (now appellant) for the recovery of a sum of Kshs 1.1 Million which according to para 3 of the plaint was advanced on October 8, 1985 as a friendly loan and the defendant offered to repay the loan within two months.

The defendant denied that he was advanced on October 8, 1985 as a friendly loan and the defendant offered to repay the loan within two months.

The defendant denied that he was advanced a loan and maintained:-

a. that he never entered into any written agreement with the plaintiff for any loan and he never signed any agreement.

b.That he did not receive any money from the plaintiff at the plaintiff’s house and that if there was any money received from the plaintiff in form of bank cheques, which…