JUDGMENT
Law V-P The appellant company was the defendant in a civil suit filed in the High Court of Kenya by the respondent. (I shall refer to them as “the defendant” and “the plaintiff”, respectively.) By his plaint in the suit, the plaintiff averred that the defendant had agreed, on or about 29th August 1973, to employ him as general manager on terms including an annual bonus of Shs 12,000, that he worked in that capacity for two years, and he claimed Shs 24,000 being the agreed bonus for that period. By its defence the defendant admitted the facts pleaded in the plaint:
... save that the plaintiff did not work as a general manager as aforesaid but as a designer and there never was any agreement on gratuity as alleged.
The plaintiff then applied for summary judgment under the Civil Procedure Rules, order XXXV, rule 1, and annexed two letters to his supporting affidavit. The first letter, dated 29th August 1973, was signed by Mr S M Githegi, Managing Director of the defendant. It is add…