JUDGMENT OF THE COURT
This is an appeal by the unsuccessful plaintiff, the appellant in the appeal, from a ruling of the superior court (Hayanga, J.) delivered on May 29, 1996, whereby the learned judge dismissed an application by the appellant for judgment on admission under Order XII rule 6 of the Civil Procedure Rules against Kenya National Assurance Company Limited (In Receivership), which is the defendant in the suit and the respondent in this appeal. From that ruling the appellant has appealed.
The facts are that on June 27, 1985, the appellant entered into a contract in writing with the respondent whereby the respondent agreed to administer on behalf of the appellant a Deposit Administration Account under the respondent's Master Policy No. 1665 (hereinafter referred to as "The Policy"). The effective date of the Policy was to be January 1, 1982, from which date the appellant has at all material times without fail contributed to the policy as provided under the terms thereof. Unde…