JUDGMENT
Richard Saidi the appellant in this case sued Sembi Motors on November 16, 1983 in the resident magistrate’s court at Kakamega. The suit was defended and was duly heard by the DMI at Kakamega commencing on March 27, 1984 and completed on November 19, 1985; judgment was delivered on November 26, 1985. In his judgment the trial magistrate found that on a balance of probabilities the appellant failed to prove his case and dismissed it with costs.
Thereafter the appellant filed two applications to the trial court (1) seeking leave to amend his plaint and (2) seeking a review of the judgment whereby his claim had been dismissed. Both these applications were heard on December 24, 1985 and the rulings thereon were reserved till January 21, 1986 when both applications were dismissed. The appellant being dissatisfied with the dismissal of his two said applications appealed to the High Court at Kakamega in its civil appeal No 14 of 1986. That appeal was duly heard by Aganyanya, J who on …