JUDGMENT OF THE COURT
This is an appeal arising from the Ruling erroneously headed “Judgment”) of the High Court, (Farah S.M. Amin, J.) dated the 15th day of September, 2016.
The genesis of the appeal is that, Irene Wangui Gitonga (the appellant), sued Samuel Ndungu Gitau (the respondent), on the 22nd day of December, 2014, seeking the recovery of Kshs.14, 972,400/= together with interest at 15% p.a, costs and any other relief that the Court may deem fit to grant.
Service of the summons to enter appearance was effected upon the respondent by substituted service through advertisement in the daily newspaper of 22nd October, 2015, pursuant to leave granted to the appellant vide an exparte chamber summons application dated the 23rd day of June, 2015. The respondent entered appearance on the 27th October, 2015 through the firm of Kamotho Jomo and Co. Advocates, but failed to file a defence within the stipulated time, prompting
the appellant to file the Notice of Motion dated the 30th day of Oc…