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…The plaintiff applied for and was granted interlocutory judgment after the defendant had failed to file a defence to the claim.…

…The defendant has in the end instructed another advocate to file this application praying that the interlocutory judgment to be set aside so that it can file its defence to the suit.…

…The 2nd defendant having entered appearance did not file a defence and so on the 12th May, 1987 the plaintiff applied to the Deputy Registrar of the Court to enter interlocutory judgment for him as the 1st defendant had neither…

…The application by the plaintiff for an interlocutory judgment must have been made under order 9A rule 6 of the Civil Procedure Rules which allows for the entry of an interlocutory judgment with a subsequent assessment of…

…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 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.…

…The record shows that the defendants were served with summons to enter appearance, on 23rd March, 1997 but they neither entered appearance nor filed defence hence the interlocutory judgment signed on 5th June, 1997.…

…There was no appearance and defence in time and he requested for interlocutory judgment to be entered in his favour but this was delayed and the defendant filed defence and appearance.…

…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.…

…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.…