RULING OF THE COURT
On 8th August, 1995 the superior court (A. Mbogholi Msagha, J.) granted a conditional stay against execution of a decree passed by the Senior Resident Magistrate's Court in Senior Resident Magistrate's Civil Case No. 182 of 1995. This order was made in High Court Civil Appeal No. Miscellaneous 57 of 1995. The use of the word miscellaneous in numbering of the appeal is wrong as what was filed was a substantive appeal against refusal by the learned magistrate to set aside an ex-parte judgement entered against the present applicant which judgement was entered for non-appearance of the applicant in that court. As the learned judge has pointed out the crux of the matter was whether or not the applicant had been properly served. The superior court was moved by the applicant under Order 41 rule 4 of the Civil procedure Rules.
This appeal has been filed without any leave to appeal having been obtained as there is no automatic right of appeal under Order 42 the Civil Procedur…