Introduction

[1] In this judgment, the parties were referred to as they were designated before the trial court. This is an appeal by the defendant. The appeal arose from the decision of the Magistrate's court which found in favour of the plaintiff. The learned Magistrate allowed the plaintiff's claim with costs.

[2] The focus of this appeal concerned the question of whether the defendant's identity had been unlawfully misused to open an account with the plaintiff for the supply of electricity. It further raised the question of whether the Magistrate's court had correctly evaluated and appreciated the evidence presented during the trial.

[3] Upon