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…By his principal submission, he contends that by virtue of Order 5 rules 9 and 12 of the Rules, there was no valid service of summons to enter appearance and that therefore the proceedings ex-parte were null and void ab initio…

…I therefore agree with my brother Nyarangi JA whose judgment I have had the advantage of reading in draft and which I wholly agree with that this appeal should be allowed and the ex parte proceedings be set aside as being…

…(as he then was) in the course of reading the judgement of the court observed as follows: - “It is axiomatic that in ex-parte proceedings there should be full and frank disclosure to the court of facts known to the applicant…

…The Court of Appeal in its judgment which was read by Robert Go LJ said at page 491 G: “It is axiomatic that in ex parte proceedings there should be full and frank disclosure to the Court of facts known to the applicant,…

…As was stated in “The MV Lilian S” [1989] KLR 1 at pg. 38 citing with approval “The Andria” (Vasso) [1984] 1 QB 477: “It is axiomatic that in ex parte proceedings there should be full and frank disclosure to the Court of…