MOUNT HOLDING LIMITED V. MWAI LIMITED, JAMES MATHENGE MWAI, GRACE GACHEKE MWAI, CATHERINE WANGUI MUIGAI, MUNICIPAL COUNCIL OF MOMBASA, GK MEENYE & MN KIRIMA T/A MEENYE KIRIMA ADVOCATESATTORNEY GENERAL, CHIEF MAGISTRATE'S COURT AT MOMBASA & REGISTRAR OF TITLE MOMBASA

JUDGMENT OF THE COURT

The undisputed background facts leading to this appeal are that the 1^st, 2^nd and 3^rd respondents had defaulted in the payment of rates to the 4^th 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 4^th respondent against the 1^st, 2^nd and 3^rd 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 4^th 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 26^th April, 2007 to set aside the interlocutory judgment, because contrary to the 4^th respo…