JUDGMENT OF THE COURT
The appeal herein, which is interlocutory, arose from the ruling of the High Court, Azangalala, J. as he then was, delivered on 6th February, 2004. By that ruling the learned Judge dismissed the appellant’s chamber summons dated 4th June, 2002, which was brought under Order 6 rule 13(1) (a), 16 of the Civil Procedure Rules with the main prayer that the plaint filed in the High Court by the respondent be struck out for disclosing no reasonable cause of action. It was argued before the learned Judge that the purported cause of action, which gave rise to filing of the said plaint, was rooted in negligence and so was time-barred as at the time the suit was instituted on 19th March, 2002, by virtue of the Limitations of Actions Act (Cap 22). The respondent’s main plank in opposing that application was that the cause of action in issue arose out of “negligent performance of contractual obligations.” After hearing arguments, the learned Judge found that the relationship…