FERWAFA V. ALPHA PALACE LTD
FERWAFA, though lacking legal personality at the time of the initial claim, was entitled to seek review of the judgment as a party to the original proceedings. The absence at trial was not justified by exceptional circumstances, as the failure to deliver the summons was due to employee negligence, not force majeure. However, the penalty for delaying proceedings was not warranted because the scheduling conflict of FERWAFA's advocate was not intentional delay attributable to FERWAFA.
Source excerpt
- Legal personality
- Standing to sue and be sued
- Default judgment
- Excusable absence
- Procedural penalties