JUDGMENT
The respondent company sued the appellant in the High Court for vacant possession of a house which, so it alleged in its plaint, was given to the appellant, in the course of this employment as:
“a house to stay in one of the plaintiff’s estates.”
The plaint then goes on to say that the appellant was formally removed as a director by a resolution at an extraordinary general meeting of the respondent held on May 29, 1980. Prior to that his services with the respondent were allegedly determined by a notice served on his servant or agent on April 18, 1980, within thirty days thereof. These facts are sworn to in the affidavit of the financial director of the respondent. Mr Bachman, filed on October 23, 1980, in support of its notice of motion claiming summary judgment and seeking that the appellant’s defence be struck out. Gachuhi J awarded summary judgment to the respondent but made no order on the second part of the motion, and it is from his decision on the first part of it that t…