JUDGMENT OF THE COURT
In a plaint filed at the High Court of Kenya at Mombasa on 10th March, 1999 the plaintiff-respondent claimed from the defendant-appellant a sum of $30,000 being the balance of the amount of goods sold and delivered by the respondent to the appellant at the appellant’s request at Mombasa during 1997 full particulars whereof were within the knowledge of the appellant. The plaint complained that in spite of notice of intention to sue in default of the payment of the amount having been given; the appellant had refused and/or neglected to pay the same. The respondent claimed that amount with interest and costs and any other or further order the Court may deem fit to grant.
The appellant filed a memorandum of appearance and defence dated 26th April, 1999 and 5th May, 1999 respectively. In the defence the appellant averred that there was no cause of action against it and that there was no privity of contract with the respondent and also denied the indebtedness to the resp…