JUDGMENT BY HANCOX JA
This is a quite an extraordinary case. The former plaintiff, Mr Trevor Price, now deceased, sued the respondent to this appeal on January 19, 1970, for the rent due and owing, and money lent, under the terms of a lease of March 1, 1963, of his farm at Naivasha. As Griffiths J (as he then was) said in his ruling when the subsequent default judgment of Mosdell J was sought to be registered (and was registered) in England under Section 9 of the Administration of Justice Act, 1920, this was in essence a claim for sums due to the plaintiff under terms of a lease on termination, plus, of course, the repayment of the loan referred to in clause 4 of the lease (£3,500), and interest at the stated rate of 8% per annum.
The respondent did not defend the claim, and did not appear before the Court (indeed, as is manifest from the record he has kept out of the way until, as Scriven J graphically put it, the judgment was about to bite in England because of a garnishee order nisi …