SULEIMAN V. KARASHA

JUDGEMENT

The applicant was a defendant in a High Court suit filed against him for specific performance of a contract of sale of land. It is alleged that he was served with summons to enter appearance but he claims that he was never served. Judgment was obtained against him in default of appearance by way of formal proof. His application to set aside the said ex-parte judgment was dismissed. The applicant wishes to appeal against that ruling.

From the record, the applicant has been overtaken by events. The ruling that he wishes to appeal against was delivered by Tanui J on 30th November, 1988. Subsequent to that, there were other rulings one of which was delivered by Mbaluto, J on 5th December, 1988 for eviction. These two orders became confusing to the applicant in that the application for extension of time to file the notice of the intended appeal was based on the order of 5th December, 1988 instead of that of 30th November, 1988.

The parties concluded their argument on the application…