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…However as summons was served on the defendant, and as no appearance was entered, the interlocutory judgment entered on 15th March, 1996 was a regular judgment and Mr.…

…Wamalwa requested entry of Interlocutory judgment by letter dated 2nd February, 1996 filed on 5th February, 1996. He did not respond to Mr. Ibrahim's aforesaid letter of 12th March, 1996.…

…And, the judge was not required to confirm or not to confirm, the interlocutory judgment entered in the suit.…

…The third ground criticizes the judge for setting aside the interlocutory judgment. The fourth ground explicitly confines itself to the failure on the part of the judge to assess the damages.…

…The applicant seeks an order for stay of execution of the interlocutory judgment in the sum of shs. 11,800,000/- as well as setting down the suit for hearing by way of formal proof for assessment of general and exemplary…

…The form of the application appears to follow order IXA rule 5 of the Civil Procedure Rules, whereby interlocutory judgment was prayed for, pending the matter being set down for the assessment of damages.…

…That application was acceded to and interlocutory judgment was entered on March 13, 1986. On the same day the damages were assessed, and on April 8, 1986, judgment was given for Kshs 210,000.…

…On 14th August, 1991 an interlocutory judgment was entered in that case for the respondent and on 17th January, 1992 damages were assessed as follows:- (a) General damages for pain, suffering and loss of amenities: Kshs 600,000…

…Either interlocutory judgment has been entered and damages remain to be assessed, or there is an ex parte hearing of all the issues on liability and damages.…

…It being alleged that there was no valid appearance entered after due service of the summons, the respondent applied for and obtained that which was described as interlocutory judgment on March 22, 1979 and on May 7, 1979…

…The written statement of defence had not been led by May 18, 1984 on which date the plaintis obtained interlocutory judgment, there being no appearance nor defence.…

…When the appellant learned about what had transpired against him he on 30th April 1985 led an application to set aside the interlocutory and nal judgments against him.…