Judgment.
This is an appeal by the Standard Bank Limited (the Bank) from the judgment of Mr Justice Todd in the High Court at Nairobi on June 29, 1982 in which he dismissed with costs the Bank’s claim against DL Patel Press (Kenya) Limited (The Press).
It is resisted by the Press which has also filed a notice of grounds for affirming the decision other than those on which the learned judge relied, and the Bank in turn, asks for that to be dismissed with costs.
The Bank filed its plaint on July 29, 1980 and in it prayed for judgment against the Press for Kshs 130,809.60, costs and interest. The basis for this was said to be that the Press owed someone called Abdul Raoof (Raoof) a debt because it bought a plot LR 209/7123 from him and Raoof assigned the debt in a letter of April 7, 1978 to the Bank but the Press would not pay that debt, which amounted to that sum of Kshs 130,809.60, to the Bank.
The defence of the Press filed on September 17, 1980 with that it never received Raoof’s letter,…