WANGUHU V. KANIA

JUDGMENT

PLATT Ag JA

The High Court came to the right conclusion on first appeal.

The problem arose out of a judgment by default having been entered under order IXA Rule 3 of the Civil Procedure Rules, and two subsequent attempts to set that judgment aside. The claim was for a liquidated sum and the defendant failed to enter appearance. Consequently on June 12, 1983 judgment was signed. An application for execution of the decree followed, and a warrant of attachment was served upon the court broker.

An application was then brought to set aside the default judgment together with all subsequent orders and process issued pursuant to the judgment. It was brought under order IX Rule 8 and 10 and order XXI Rule 22 of the Civil Procedure Rules.

Mr Njuguna for the appellant criticised this heading rightly but to no great effect. The application should have been headed order IX A Rules 3 and 10. That great favourite of counsel when in doubt, order XXI Rule 22 had no application whatsoever, because…