JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] This is an appeal ("this Appeal") against the decision of the learned Sessions Court Judge ("SCJ") in dismissing the Appellant's application for summary judgment against the Second Respondent. For ease of reference, the Appellant and Respondents will be referred to respectively as the Plaintiff and Defendants.

The Background Facts

[2] The Plaintiff and the law firm of Messrs Rafiq & Co ("the Firm"), had entered into two sets of rental and service agreements ("the Rental Agreement and the Service Agreement") for the rental of machinery and equipment as well as software ("the Equipment"). The first set of rental and service agreements was dated 4 March 2015 whilst the second set was dated 1 April 2015 ("collectively the Agreements"). It was undisputed that the Second Defendant was a partner of the Firm from September 2012 until May 2017, and that there were only two partners of the Firm, the other being the First Defendant.

[3] In accordance with the terms of the Agreements which was signed by the First Defendant on behalf of the Firm, the Equipment was released to the Firm. Although invoices were issued to the Firm, there were still outst