JOHNSTONE BARASA MAKOKHA V. DANIEL AKWALA

JUDGMENT OF THE COURT

By a Plaint filed at the Chief Magistrates' Court, Kakamega, the respondent, Daniel Akwala, who is an advocate of the High Court of Kenya, sued the appellant, Johnstone Barasa Makokha, his former client, in a suit founded on defamation. That court being satisfied that the appellant had been served with Summons to Enter Appearance but had failed to do so, upon application entered interlocutory judgement against the appellant. There followed a formal proof before the learned Senior Resident Magistrate ( E.O. Obaga) as he then was and in a judgement delivered on 21^st February, 2006 the respondent was awarded general damages in the sum of Kshs. 800,000/= together with costs and interest. Meanwhile the appellant had on 7^th December, 2005 through M/s Bulimo and Company Advocates entered an appearance when the matter was before the trial magistrate awaiting submission and judgement. No application was made to the said trial magistrate to enable the appellant to participa…