JUDGMENT OF THE COURT
By a plaint dated 24th November, 1998, Julius Nderitu Kabera, (the respondent herein ) filed in the Senior Resident Magistrate’s court at Nyeri a suit against Charles Githinji Muturi (the appellant herein) seeking an order for the eviction of Muturi from a parcel of land known as plot No. 50 at Chaka in Nyeri District. The appellant duly filed a defence denying the respondent’s title and averred that he purchased the said plot from Joyce Wangechi and Isaac Miano Karuga, allegedly the beneficiaries of the estate of one Moses Mwangi Kingo’ori which estate allegedly was the owner of the said plot.
The respondent, after close of pleadings in the suit, applied for summary judgment to be entered against the appellant. That Application was brought under Order XXXV Rule 1(b) of the Civil Procedures Rules . That application which was served on the appellant’s advocate on 29th March, 1999 came up for hearing before the Senior Principal Magistrate, Mr. Bauni, on 7th April, 19…