JUDGMENT OF THE COURT
[1] This appeal arises from a ruling in which the High Court (Kasango J), dismissed an application for summary judgment brought by Top Time Enterprises Limited (hereinafter referred to as the Appellant), who was the plaintiff in the suit filed in the High Court. The appellant had sought to recover the sum of Kshs.3,441,058.40/- from P.V.R. RAO in his capacity as receiver/ manager of Nyali Beach Hotel Limited (in receivership) (hereinafter referred to as the 1st respondent), and Kenya Commercial Bank Limited (hereinafter referred to as the 2nd respondent), jointly and severally. Pursuant to its rights under a Debenture instrument entered into with Nyali Beach Hotel Limited, the 2nd respondent had appointed the 1st respondent as receiver of the Hotel. The amount claimed was the balance due in regard to goods sold and delivered by the appellant to Nyali Beach Hotel Limited while it was under receivership.
[2] The 1st and 2nd respondent filed a defence in which the 2nd…