By Evarist Baimu Nyaga Mawalla - Home

Was Annex D.1 made in bad faith? The appellant began by faulting the learnedjudge’s ruling and in our opinion correctly so the learned judge had said There isno evidence that these letters reached their addresses or if they did that theywere replied to The letters in question are Annexes B.1 and B. 2whichcontained complaintsby the appellant to the P/S (Estabs) and to the C.JrespectivelyThe learned judge talked of two thing on which he found no evidence and theseare whether the letter had been received and if received whether they werereplied to. Receipt of these two letters was specifically made an issue by theappellant in the seventh paragraph of his affidavit in support of his application. Inthe counter-affidavit of the respondents it was affirmed in paragraph 3 That all ofthe facts as deposed in the affidavit except para 6 are true .. So the appellantsaverment in his paragraph 7 that Annexes B.1 ad B.2 were received by therespondents is true. Indeed the counter-affidavit went further to dispel any doubtswhen it sad in paragraph 6 what is stated in paragraph 3 and 4 is based oninformation obtained from president’s officeEstablishment”. Thus the deponent obtained the information of the receipt of atleas one of th two letters from the appropriate office. The appellant properlysubmitted that parties are bound by their pleadings ( patel v. Fleet Transport(1960) E.A 1025)365