JUDGEMENT OF THE COURT
By a Plaint filed at the High Court of Kenya, Kisii, on 14th December, 1989 the plaintiff “Diocese of Kisii, Kenya E. Africa” sued the defendant Kebirigo Parish Consumer Co-operative Society for Kshs. 251,474/80 in respect of money advanced by the plaintiff to the defendant. The defendant was served and filed a Statement of Defence through its Advocate in which the defendant admitted the debt, denied refusal to pay and pleaded for time to arrange payment. It is not clear from the record how judgement was thereafter applied for or entered but at any rate judgement was entered and a decree drawn. For reasons that will become clear later in this judgement we reproduce the said decree:-
“IN THE HIGH COURT OF KENYA AT KISII
CIVIL CASE NO. 325 OF 1989
DIOCESE OF KISII (K) E.A. ..................................PLAINTIFF
VERSUS
KEBIRIGO PARISH CONSUMER )
&CO-OPSOCIETY LTD).......................................DEFENDANT
CLAIM: SHS. 251,474.80
This case coming on this day for fi…