18 Oct 2017
HEITKAMP & THUMANN KG v. OUMEISI LTD AND OTHERS
- Citation
- HEITKAMP & THUMANN KG v. OUMEISI LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2006/2016
The default judgment was irregular because it was entered for an excessive sum; therefore it must be set aside without consideration of the merits of the defence, but the court may impose just terms. The plaintiff's application to amend the default judgment and to obtain an interlocutory judgment was dismissed. As a term to set aside the judgment the 9th defendant must pay US$350,000 into court; the injunction was varied solely to permit that payment; appeal dismissed; garnishee order to be discharged upon setting aside; costs ordered nisi in favour of the 9th defendant as specified.