JUDGMENT OF THE COURT
This is an appeal by the defendant against the ruling of the superior court (Pall, J) delivered on 22nd November, 1988 whereby he entered judgment for the plaintiff for a part of his claim under order 35 of the Civil Procedure Rules.
The plaintiff’s claim was for Shs 175,000/- being the balance of the amount of the agreed price of goods sold and “supplied by the plaintiff to for an behalf and at the request of the defendant at Nairobi during the year 1987”. By his defence the only issue the defendant raised was that the goods had never been delivered. This was followed by an application for summary judgment by the plaintiff when both parties filed their respective affidavits. The defendant specifically raised the issue of non-delivery. In a considered ruling the superior court held that the defendant had set up his defence to delay the plaintiff’s claim and except for the sum of Shs 34,637.70 he did not find any prima facie triable issue and entered judgment on the…