RULING
In this application brought pursuant to Order 14 of the High Court Civil Procedure Rules, 2004, CI 47, the Applicant seeks against the Respondent an Order for summary judgment.
The grounds of the application are contained in the Affidavit in Support filed on 25/10/2016. The gravamen of the applicant’s motion per the affidavit is that the Defendant/Respondent had committed himself to pay his indebtedness to the Plaintiff/Applicant prior to the issuance of the Writ of Summons by the latter. A copy of the issuance of the said Undertaking is attached to the affidavit and marked Exhibit “AKP4”. Applicant prayed the court to grant the summary judgment as the Defendant/Respondent’s Statement of Defence (Exhibit “AKP3”) does not disclose any defence.
The Respondent is opposed to the application and has demonstrated the grounds in an affidavit in opposition. The relevant parts of the Affidavit in Opposition are as follows:
“3. That I deny paragraph 1, 2, 3, 8, 9 and 11 of the plaintiff’s af…