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…It appears from the proceedings that on December 23, 1985 the respondent applied for judgment in default of the appellant entering an appearance or filing a defence.…

…But an affidavit of the process server is admissible in evidence and in the absence of contest it would normally be considered sufficient evidence of the regularity of the proceedings.…

…This application is disallowed and the proceedings in this suit terminated and the dispute referred to the Tribunal for arbitration under Act 18 of 1990".…

…Justice Act 1948 a conviction of an offender followed by an order placing the offender on probation or discharging him absolutely or conditionally, had to be deemed to be no conviction, except for the purposes of those proceedings…

…Civil suits and proceedings relating to the title to or the possession of, land, or to the title to a lease or charge, registered under this Act, or to any interest in such land, lease or charge, being an interest which is…

…But an affidavit of the process server is admissible in evidence and in the absence of contest it would normally be considered sufficient evidence of the regularity of the proceedings.…

…The record of proceedings in the superior court does not indicate In his responding affidavit sworn on 5th June, 1987, Kweyu Omuto, the respondent, deponed as follows:- 11.…

…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…

…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…

…Unfortunately that is all he said about the fees payable at his office and throughout the proceedings therefore the court was given various figures of the fees or money paid without indication as to the prescribed fees that…

…High Court absolutely, and here substantially, succeeded on the question of liability and on loss of earnings, I would not interfere with the learned judge’s order that the appellant should pay the costs of the High Court proceedings…

…The learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant and against the other accused, who had not appealed but had had their conviction…

…But the learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant as could be deemed proper.…

…Although therefore this issue was not pleaded, from the proceedings before the superior court, it clearly was left to that court for decision – see the case of Odd Jobs v Mubia, [1970] EA 476 at page 476 letters H and I.…