CFC STANBIC LIMITED V. JOHN MAINA GITHAIGA & PAUL KIBUNYI MUTIRO T/A ORIENT TRANSJOPA SAFARIS

JUDGMENT OF THE COURT

By a consent dated 6^th March, 2013, the parties agreed to consolidate Civil Appeal Nos. 204 and 205 of 2012, pursuant to Rule 103 of the Court of Appeal Rules. Accordingly, the two appeals were heard together and one judgment is hereby rendered in respect of the two appeals.

The appeal before us is against:

(i) the ruling and order of the High Court at Nairobi [Mutava, J] dated 1^st March, 2012, wherein the learned judge declined to set aside the ex parte judgment entered against the appellant on 8^th November, 2011. The ex parte judgment was entered as a result of the appellant failing to enter appearance and file a defence; and

(ii) the ruling and order of the High Court at Nairobi, [Mutava, J] dated 24^th April, 2012, wherein the learned Judge dismissed the appellant’s application dated 16^th March, 2012, which sought to review and set aside the court’s order of 1^st March, 2012, and substitute the same with an order setting aside the ex parte judgment.

The background t…