JUDGMENT OF THE COURT
On 6th October, 1993 the superior court entered judgment for the present respondent (the plaintiff) against the present appellant (the second defendant) in the sum of shs.962,500/= with costs and interests. The hearing of the suit had proceeded ex-parte as the second defendant (the owner of the motor vehicle registration number KXV 810 in which vehicle the plaintiff was a passenger) did not enter an appearance or file defence. The first defendant entered appearance and filed defence.
The second defendant was served with the summons to enter appearance and a copy of the plaint which he forwarded to his insurer's advocates, M/s Musyoka and Wambua, who for some reason not before us entered appearance and filed defence on behalf of the first defendant only, who was the driver of motor vehicle registration number KXV 810. Until about April, 1996 the second defendant did not know what had happened to the suit. Since he was insured in respect of his liability to the plain…