JUDGMENT OF THE COURT
This appeal by Samson Karino ole Nampaso (the appellant) is against the ruling of the High Court at Nakuru (Ouko J., as he then was) by which the learned Judge rejected the appellant's application dated 18th November, 2008 that had sought to set aside the judgment entered against the appellant on 28th September 2007.
That judgment followed the hearing of the suit filed by the respondent against the appellant before Koome J. (as she then was) on 6th June 2007. The respondent's case proceeded in the absence of the appellant or his advocate. A Mr. Mwangi, advocate had appeared earlier in the day and applied for an adjournment on the basis that Mr. Kinyanjui, the appellant's learned counsel before that court as before us, was engaged in Nairobi HCCC No. 16 of 2006 and unable to attend. He also made mention of an application dated 6th May 2005 which was still pending and yet to be disposed of and for which he requested a hearing date.
The application for adjournment was …