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…It is observed that the order sought is the setting aside of a default judgment entered herein.…

…In my opinion, a dismissal of the suit of an absent plaintiff under rule 4(1), of order IXB is not the same as a default judgment entered under order IXA against a defendant in default of entering appearance or failing to…

…In Herman Mugachia v Hamis Mwakibundu & Another Civil Appeals Nos 59 and 89 of 1983 (unreported) this court said obiter: “Rule 4 provides for entering judgment in default by the plaintiff to attend court on the day fixed…

…Samwel Wabwire, (Civil Appeal No. 15/93) (unreported) where it said: “Githinji J. considered the reason or reasons which were offered as to why the appellant had allowed default judgment to be entered against it.…

…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.…

…At once the question arises as to whether judgment in default was to be for the order or the compensation?…