SIMON THUO MWANGI V. UNGA FEEDS LIMITED

JUDGMENT OF THE COURT

Following the ruling of the High Court (Mbaluto, J.) delivered on 26^th November, 2002 this appeal was filed by Simon Thuo Mwangi, the defendant in Nairobi HCCC 900/2002 where the respondent company, Unga Feeds Ltd had sued him to recover a debt of Sh.3,825,679/70 said to have been the balance of the cost of goods sold and delivered to Simon Thuo. It was presented to the learned Judge that summons to enter appearance was served on the appellant at his place of business at Wangige Township on 23^rd July, 2002. He accepted service by signing at the back of the original summons, a thing that he denied. That consequently a judgment was entered against the appellant on 22^nd August, 2002 in default of entering appearance and filing a defence. The notice of entry of that default judgment and intention to execute was then sent to the appellant by registered post through his known address. That the notice was not returned unclaimed. Then the respondent moved to execute, an a…