JUDGMENT
The appellant in this appeal was the original defendant. The latter had been sued by the plaintiff firm for Kshs 91,170 being the amount due and owing by the defendant to the plaintiff in respect of goods sold and delivered to the defendant at his request in Kisumu during the year 1983.
The defendant filed a defence in the terms:
“The defendant further denies the contents of paragraphs 3 and 4 of the plaint and will put the plaintiff to strict proof of their claim.”
Sometime later on January 8, 1985, the plaintiff moved the court on notice for judgment to be entered for the plaintiff as prayed in the plaint. Mr Rajnikant Shah, representing the plaintiff firm, filed an affidavit on or about January 8, 1985 stating the reasons for summary judgment to be entered under order XXXV of the Civil Procedure Act. He said that the sum of KShs 91,170 was due upon nine dishonoured cheques, drawn by the defendant payable to the plaintiff upon Barclays Bank Ltd and Kenya Commercial Bank Ltd, Ki…