JUDGMENT OF THE COURT
Coach safaris Ltd., the appellant herein, to whom we shall hereafter refer to as “the plaintiff”, filed a suit in the superior court against Gusii Deluxe Ltd., the respondent, (hereinafter called “the defendant”), claiming a liquidated sum of Shs. 1,357,100/- being special damage alleged to have been sustained by the plaintiff when its motor vehicle, a bus, registration No. KAA 410 S collided with another bus registration No. KAA 225C belonging to the defendant at Kericho on 14th October, 1992. It was contended by the plaintiff that the accident was caused by negligence on the part of the defendant’s driver and the particulars of the negligence were set out in paragraph 4 of the plaint. Particulars of special damage were also pleaded.
The defendant entered appearance on 10th April, 1995 but did not file a defence within the time prescribed for that purpose. The plaintiff then applied for judgment in default of defence under order 9A rule 3 as read with rule 9 of th…