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…The trial Judge in the Elizabeth case refused the defendant leave to defend, entered judgment as prayed but subject to the proviso that if the defendant deposited the sum of Shs 25,000/- in Court within 21 days, the money…

…Finally, it was held by a majority of the Court (Newbold, P and Duffus, JA) that the judge was entitled to enter judgment in favour of the plaintiffs, but erred in ordering the defendant to provide a deposit of a sum of Shs…