By a summons the plaintiff/appellant claimed against the defendant/respondent for a sum of $74,974.56 together with interest at the rate of 8% p.a. in respect of goods supplied and services rendered to the defendant. The defendant pleaded limitation of the cause of action. Both the plaintiff and the defendant applied to the court below for certain preliminary issue to be tried, i.e. whether the letter from the defendant received by the plaintiff on 6th December 1989 amounts to an acknowledgement of debt by the defendant. After hearing the said preliminary issue, the learned judge on 17th March 1995 ruled that the application be dismissed with costs. Against this decision of the learned judge the plaintiff now appeals to this court. [2]

This appeal by the plaintiff was set down for hearing on 30th July 1996. Before the commencement of the hearing the learned counsel for the appellant informed the court that this appeal is in respect of an interlocutory order and that the notice of appeal was filed with the Registrar of Sessions Court and prayed to the court that in the event that the court dismiss the appeal, no order should be made as to costs. The respondent in