JUDGEMENT OF THE COURT
The appellant, Linear Coach Company Limited, was the plaintiff in the suit at the High Court. It sued Alhusnain Motors Limited (hereinafter “ the 1st Respondent”) and Mumtaz Mughal (hereinafter “ the 2nd Respondent”). The Appellant's claim was for special damages which it suffered as a result of a road traffic accident involving its vehicle Registration Number KAN 418 R and which it alleged was registered in the name of the 1st Respondent and was at the material time of the accident on 11th November, 2003 being used or under the management of the 2nd respondent.
The learned Judge of the High Court found that the 2nd respondent had been served with summons to enter appearance and had not entered appearance The appellant, on 29th July, 2008 requested for Judgment in default of appearance against the 2nd respondent which was entered on 4th August, 2008 in the sum of Kshs.3,948, 164/60. On 8th October, 2008 the appellant's bill of costs was taxed in the sum of Kshs. 3…