JUDGMENT
July 12, 1988, Apaloo JA delivered the following Judgment.
The appellant appeals against the ruling of the High Court (Aganyanya, J) which on the 7th December 1983, refused to strike out the defence of the respondent to the plaint filed by the appellant. The learned judge thought the defence raised triable issues which merit consideration at a full trial. The appellant says, he was wrong and that the defence was, in effect a sham.
What then are the facts?
As evidence was not adduced, the real facts of the case can only be gathered from the pleadings and the other uncontested evidence placed before the court. From them, the facts appear to be these:
The parties co-operated in a business called Prabash Timbers Ltd. The appellant, who was one of the directors, seems to have lent to the company or spent for the company’s purpose the sum of Shs 101,785/25. It appears the company was unable to meet the repayment of this sum to the appellant and cheques and other bills it issued to the a…