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…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.…

…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.…

…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.…