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JUDGMENT
Platt JA The appellant, Shadrack Arap Baiywo, had been sued by the respondent Bodi Bach, for damages, because the appellant had first sold to the respondent half of the appellant’s shop on Plot No 3 Kapugorian Market in 1971, and then in 1981 had forcefully repossessed the shop. It appears that the respondent did not sue for the eviction of the appellant but merely for damages (a) for the value of the half-shop which was lost, (b) compensation for improvements and (c) loss of profits through interruption of business.
The respondent, Bodi Bach, brought his suit on November 12, 1985. The summons to the appellant was allegedly served on November 13, 1985. It
appears from the proceedings that on December 23, 1985 the respondent applied for judgment in default of the appellant entering an appearance or filing a defence. The form of the application appears to follow order IXA rule 5 of the Civil Procedure Rules, whereby interlocutory judgment was prayed for, pending the matter being s…