ZAVERCHAND RAMJI SHAH V. FULCHAND LADHA SHAH & ZEDRISH GARMENT FACTORY LIMITED

JUDGMENT OF MADAN, J.A.

The first respondent, as the plaintiff in the suit instituted by him in the High Court, successfully sued the appellant and the second respondent (a limited liability company, as the first and second defendants respectively, for the recovery of shs.40,000/= said to be money payable to him by the defendants jointly and severally, being the balance of shs.50,000/= lent by the plaintiff to be defendants at the first defendant’s request and on his behalf.

The learned judge rejected the appellant’s defence that he never requested the plaintiff to lend money to the company for and on his behalf as alleged, that he also never acted in his personal capacity in this respect, and that there was no privity of contract between him and the plaintiff. The learned judge entered judgment as prayed against the two defendants jointly and severally for shs.40,000/=.

The appellant has argued before us that the learned judge’s decision was wrong, and he should have found that the appe…