Zakaria M. Yatim J:

This is an appeal by the defendant against the decision of the Senior Assistant Registrar given on 27 October 1987 allowing the plaintiff's application to sign final judgment against the defendant.

After considering the evidence and the arguments of both Counsel for the plaintiff and the defendant, I allowed the appeal with costs. On the application of Counsel for the plaintiff, I adjourned the matter into open Court for further argument.

According to the statement of claim, an agency agreement was entered into between the plaintiff and the defendant on 26 September 1985. By this agreement the plaintiff appointed the defendant as agent of the plaintiff to represent the plaintiff in the soliciting of the various classes of general insurance business written by the plaintiff. Under the agency agreement the defendant was required to promptly collect all premium due on policies issued under the agency and would be liable to the plaintiff for the settlement of the balance due under the said agency agreement irrespective of whether payments had in fact been received by the defendant or not. The plaintiff alleged that it had rendered monthly statements of account