RULING OF THE COURT
This is an application by the defendant for a stay of further proceedings in an intended appeal from an order of the superior court (Mbogholi-Msagha, J.) given on March 5, 1998 by which he dismissed the preliminary objection raised by the defendant and ordered the application for summary judgment filed by the plaintiff be argued.
By the action, the plaintiff claimed a sum of K.Shs.97,283,585.85 against the defendant being the balance of Quantity surveying services rendered to the defendant by the plaintiff pursuant to his employment as a Quantity Surveyor in accordance with a letter of appointment dated September 6, 1994 from the defendant to the plaintiff which the plaintiff accepted by a letter dated September 17, 1994. Subsequent thereto, the plaintiff filed the Notice of Motion under Order 35 rule (1) of the Civil Procedure Rules for summary judgment in the sum claimed in the plaint. The defence raised and the learned judge determined as a preliminary issue the q…