IN THE COURT OF APPEAL
AT NAIROBI
( Coram: Madan, Miller JJA and Simpson Ag JA )
CIVIL APPEAL NO. 45 OF 1980
BETWEEN
NGUA.......................................................................................................APPELLANT
AND
AGIP (KENYA) LTD............................................................................RESPONDENT
JUDGMENT
Simpson Ag JA The plaintiff company (the respondent in this appeal) by agreement in writing granted to the defendant (the present appellant) an exclusive licence to operate a service station. Alleging breaches of this agreement the plaintiff sued the defendant inter alia for eviction from the station and for damages.
The defendant entered an appearance but filed no defence within time. Formal proof was fixed for January 6, 1980. Neither the defendant nor his advocate appeared and judgment was given for the plaintiff upon proof ex parte. Mr Nowrojee conceded that the defendant was not served with a notice of hearing for January 6.
The defendant successf…