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…As I said in Eldoret HCC Appeal 14 of 1980 (The Municipal Council of Eldoret v James Nyakeno): “the court goes by the principle that such an ex parte judgment having been entered neither upon merits of the case nor by consent…

…Although in the Municipal Council of Eldoret case I said that it should be borne in mind that a judgment entered by the court against a party for failure to observe a rule of procedure is an expression of the court’s coercive…