HILLARY ROTICH V. WILSON KIPKORE

JUDGMENT OF THE COURT

After the appellant, Hillary Rotich failed to file a defence to a suit instituted against him by the respondent, Dr. Wilson Kipkore, the latter obtained judgment in default for Kshs 9,990,867.20. A few days after the entry of the default judgment, the appellant applied to set the same aside and for leave to file his defence out of time. Koome, J. (as she then was), was not persuaded that the appellant had presented any good grounds to justify setting aside the default judgment, which she found to be regular. Nevertheless, she granted him the orders he had sought, on condition that he deposits the sum of Kshs 9,990,867.20 in an interest earning account in the joint names of the parties’ advocates within 30 days from the date of the ruling (2^nd July 2010), failing which the application would stand dismissed. In the event the appellant did not comply with the condition and his application ultimately stood dismissed. In this appeal the appellant is challenging the exe…