JUDGMENT
The appellant as the plaintiff sued the respondent/defendant in the High Court for the recovery of Kshs 104,105 for goods sold and delivered, and/or services rendered to the defendant. The defendant’s request for the supply of further and better particulars of paragraphs three and five of the plaint in a normal manner was ignored by the plaintiff. On the defendant’s application the court ordered the plaintiff on June 7, 1982 to supply the particulars asked for in the prescribed form No 15, Appendix B of the Civil Procedure Rules, within seventy days. The plaintiff purported to supply the particulars asked for but more than seventy days later. The defendant applied to the court for an order dismissing the plaintiff’s suit on the grounds that the particulars were supplied late by the plaintiff, and they were also not in conformity with form No 15 as ordered by the court.
The court made the order asked for and the plaintiff’s suit was dismissed even though the particulars had been…