The Respondent filed a summary suit against the applicant.
The Respondent claimed that he supplied fuel to the Appellant who confirmed
delivery of the fuel by signing the delivery notice and thereafter issuing
eleven cheques on various dates. When the Respondent presented the cheques drawn
in his favour by the Appellant, all of them were dishonoured by the respective
bankers. The Respondent sued for the amount of the dishonoured cheques with
interest and costs. In application for leave to defend the suit the applicant
avers that there was no contractual relationship between the Respondent and the
Appellant. The Appellant also denied to have issued any of the cheques which
were the subject matter of the summary suit. The learned High Court judge then
proceeded to dismiss the application and grant the Respondent the relief he
claimed. The Appellant was aggrieved by the ruling and decree of the High Court
and filed the present appeal. The gravamen of the memorandum of appeal is the
finding of the High Court that to make out a case in an application for leave
to defend a summary suit the applicant must show a good defence against the
summary suit.