JUDGMENT OF THE COURT
The appellant, Kenya Ports Authority (KPA), was served with the summons in Machakos H.C.C.C. NO. 142 of 1995 by registered post and the said summons and the copy plaint were admittedly received by KPA on 15th March, 1995. KPA filed its memorandum of appearance at the Machakos High Court registry on 17th March, 1995. The defence was therefore due for filing on 3rd April, 1995, 2nd April, 1995 being a Sunday. What is referred to as a "holding defence" was allegedly prepared and the court clerk to Mr. Dulu was directed to travel to Machakos on 3rd April, 1995 to file the defence. Mr. Dulu who is an advocate of the High Court of Kenya and is employed by KPA as an in-house lawyer, deponed in his affidavit sworn on the 21st day of April, 1995 that the court clerk was unable to travel to Machakos due to "transport inadequacies in that he was not able to get booking till 10th April, 1995".
It is indeed a matter of concern for us that KPA did not seriously consider the effe…