RULING OF THE COURT
In a plaint dated 31st March 2003 and filed in the High Court on 18th May 2003, the respondent in this application Mohamed Muin Ahmad Malik sought judgment against the applicant herein Joseph Muiruri Githongo for Kshs.32,000,000/= being part of the balance of the loan borrowed from the respondent’s principal whose details were known to the applicant with interest thereon at 14% per annum from 1st December, 1996 until payment in full, together with costs of the suit and interest thereon and also together with the interest which had not been repaid despite several demands. The applicant, despite being served with summons to enter appearance, did not enter appearance and the respondent obtained ex-parte judgment on 1st July 2003 against the applicant on account of non appearance. Vide Chamber Summons dated 2nd February 2004, the applicant moved to the Court seeking inter alia, that the judgment dated 1st July 2003 be set aside and vacated and all consequential orders …