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…When that day arrived the learned judge recorded this – ‘Order, by consent – plaintiff to reply to counterclaim within 14 days of today, in default judgment to be entered for the counterclaim.…

…Nduhiu and Mwotia were still represented then by the same advocates and each consented to that order. Neither Nduhiu or Mr Macharia for him filed a reply to the counter-claim within 14 days or at all.…

…They again appeared before him on (1) 13th February, 1996 (2) 29th February, 1996 and (3) 14th March, 1996 when (on the later date) a consent order in terms of "the caveat letter dated 4th March, 1996" was recorded.…