yu sung construction limited v attorney general of the republic of south sudan appeal no 11 of 2022 2023 eacj 11 27 november 2023
The appeal was dismissed because the consent judgment was not validly entered by a properly constituted court as required by the Court Rules, rendering it a nullity. The doctrines of res judicata, functus officio, and approbation and reprobation did not apply as there was no valid judgment. The Trial Court properly exercised its discretion to set aside the invalid consent judgment, allow a change of advocates for the respondent, and extend time for the respondent to file its response. The Appellant was not entitled to any reliefs sought.
Source excerpt
- Consent judgment
- Jurisdiction
- Locus standi
- Change of advocates
- Procedural irregularity
- Extension of time