PITHON WAWERU MAINA V. THUKA MUGIRIA

Appeal-second appeal-matters that may be considered on second appeal-matters of law -appeal to High Court from decision of magistrate in exercise of judicial discretion -second appeal from decision of High Court -whether such appeal is an appeal on a matter of law - Civil Procedure Act (Cap 21) s 72 Civil Practice and Procedure-judicial discretion -exercise of judicial discretion -discretion to set aside ex parte judgment -ex parte judgment obtained in absence of appearance, or of defence or on failure of attendance by either party - how discretion to set aside such judgment should be exercised -Civil Procedure (Revised) Rules 1948 (Cap 21 Sub Leg) Order IXA rules 10, 11; Order IXB rule 8 Civil Practice and Procedure-service-notice of address for service -failure of respondent’s advocate to serve notice -objection taken against the appearance of the advocate on the appeal -how such objection should be dealt with -Court of Appeal Rules, rule 78(1) Judgment-ex parte judgment-setting asi…