JUDGMENT
MADAN JA The respondent Bank filed a suit in the High Court against the appellant and a second defendant as partners in a firm called Alfa Agencies for the recovery of Kshs 55,959.75 in respect of overdraft facilities and other banking accommodation provided to the two defendants as partners by the respondent. In a joint defence the appellant pleaded that he joined the partnership after the overdraft facilities had been cancelled by the respondent.
The respondent then applied under Order XXXV of the Civil Procedure Rules for summary judgment to be entered jointly and severally against the two defendants for Kshs 55,959.75. The appellant filed an affidavit in reply in which he deponed that he joined the partnership firm on October 30, 1971 long after the overdraft facilities were granted to the partnership; he did not want to take over the liabilities of the former partnership, and he opened another account, titled a/c No 2, with the respondent. The appellant also deponed that t…