JUDGMENT OF THE COURT
The undisputed background facts leading to this appeal are that the 1st, 2nd and 3rd respondents had defaulted in the payment of rates to the 4th respondent which together with interest, had accumulated to the tune of Kshs.23,540,921/40 in respect of land parcels Nos. Mombasa/VI/MN/2960 and Mombasa/VI/MN/911, hereinafter “the suit properties”. As a result, Mombasa CMCC No. 362 of 2007 was filed, pitting the 4th respondent against the 1st, 2nd and 3rd respondents. For ease of reference, these respondents shall hereinafter simply be referred to as “the three respondents”. Through the law firm of Meenye and Kirima Advocates, the 4th respondent secured an interlocutory judgment against the three respondents on the basis that though served, they had failed to enter appearance and or defend the suit.
However, upon learning of the suit, the three respondents filed an application on 26th April, 2007 to set aside the interlocutory judgment, because contrary to the 4th respo…