BONIFACE KIRAGU WAWERU V. JAMES K. MULINGE & CURIOS FACTORY (SUED AS A FIRM)

JUDGMENT OF THE COURT

This appeal is one of the old matters awaiting determination in this Court. It was filed on 8^th April, 2005, following the ruling of the High Court

(Mbito, J.), delivered on 8^th April, 2013. The memorandum of appeal contained eight grounds which Mr. Mugambi Mung’ania, learned counsel for the appellant condensed into three, namely that Order III r. 9A of the Civil Procedure Rules was not complied with when the 2^nd respondent herein moved to act in person and later instructed M/S Munyasia and Company Advocates to file a notice of appointment, both steps having been taken long after judgment had been entered in the case; there was no evidence or material upon which the learned judge made the ruling of 8^th April, 2003, herein impugned, and also that the said judge did not properly exercise his discretion to set aside the judgment.

The brief background to this case is that on 4^th February, 2003, Mbito, J. entered judgment in H.C.C.C. 3061/1994 in the presence of counsel …