JUDGMENT OF THE COURT
On November 8, 1995 we heard this appeal from the ruling of the superior Court (Owour, J.) delivered on October 4, 1994 when we dismissed the appeal with costs. We now give our reasons.
The appeal was against the decision of the learned Judge dismissing the appellant’s application to set aside an ex-parte judgment entered against her on November 22, 1992. The learned Judge declined to exercise her discretion to set aside the ex-parte judgment and despite the gallant attempt made by Mr. Onsando Osiemo for the appellant we were not persuaded that there were any grounds for this court to interfere with the exercise of the discretion by the Judge. Normally, this Court does not interfere with the exercise of the discretion of a Judge in the superior Court save as enunciated in the case of MBOGO v. SHAH 1968 EA 93 but none of the matters therein set out arise here to warrant or justify any interference.
It was submitted that the gist of the appeal was non-service of the r…