JUDGEMENT OF THE COURT
The action commenced by the Respondent, Fish Processors (2000) Limited, at the Senior Resident Magistrates Court' Winam, against the appellant, Samuel Ogodo Waga, looked simple and straight – forward. But it spiralled into litigation that it is doubtful the parties could have contemplated when that journey began. Simple and straight forward because there was no doubt that the respondent employed the appellant as a driver and in the course of that employment the respondent apparently advanced to the appellant a sum of Kshs. 30,000/= which the appellant received and acknowledged through signed vouchers. That sum having not been repaid the respondent prayed for it in the plaint dated 25th January, 2010. The appellant filed a statement of defence denying liability but this was met by the Motion filed on 9th February, 2010 where summary judgment was sought against the appellant.
That Motion was argued before the Senior Resident Magistrate, P. C. Biwott, who in the Ruli…