Ali FJ:

We allowed this appeal and now give our reasons.

The appeal arose out of an order by the Assistant Registrar, High Court lpoh granting the respondent unconditional leave to defend the action against him. The claim is founded on a debt due from the respondent under a written agreement. The respondent admitted signing the agreement but denied liability on grounds, namely, lack of certainty, implied recission, a mistake of fact and a breach of contract by the appellant. The writ being specially endorsed and taking the view that there was no defence to the claim the appellant applied for summary judgment. In his affidavit he dealt with the various grounds of defence raised. On the defence allegation of breach of contract for having failed to hand over or transfer four shares in West Lake Timber Sdn. Bhd., he referred to a letter from the respondent dated 23 January 1971 in which she acknowledged receiving the share transfer forms of the four shares. In her counter-affidavit she said she could not remember signing the letter although she admitted that the signature was hers. Notwithstanding this point against her the Assistant Registrar made an order in the following t