IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Gachuhi, Masime JJA and Gicheru Ag. JA)
CIVIL APPEAL NO 59 OF 1985
BETWEEN
NJOROGE..........................................................APPELLANT
AND
KIARIE..................................................................RESPONDENT
(Appeal from a Ruling and Order of the High Court at Nairobi, Mbaya J)
JUDGMENT
November 8, 1988 Gachuhi, Masime JJA and Gicheru Ag JA delivered the following Judgment.
On November 3, 1982 HCCC No 3568 of 1981 came before Hancox J (as he then was) for hearing by way of formal proof. It appeared then that the summons to enter appearance had been served upon the defendant’s wife by a court process server but that no appearance had been entered ; a statement to that effect was on the court file. The learned judge enquired why there had not been personal service on the defendant whereupon the plaintiff’s counsel stated from the bar that the defendant had been looked for but not found in Nairobi where he worked for the Post O…