SAINAGHI T/A PANEL BEATERS V. KASUKU

JUDGMENT

November 7, 1988, Gachuhi, Apaloo and Masime JJA delivered the following Judgment.

The respondent delivered his car to the appellant with instructions to carry out certain repairs at an estimated cost. When he went to collect it, he found some additional work had been carried out which he denied having given instructions for. The vehicle was not delivered then. The respondent then filed the suit.

There is a return of service that was filed by the process server who is a law clerk stating that he served the defendant with summons at his place of work on February 23, 1984 at 10.45 am. There was no appearance entered. The respondent went ahead and obtained judgment on formal proof. On learning that judgment had been entered in a suit he was not aware of, the appellant applied for it to be set aside on the grounds of non-service of the summons.

The appellant further stated that he left for medical treatment in Europe on April 29, 1984. He was made aware of the suit on telephone from …