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The High Court Land Division set aside an ex parte order after applicants showed cause for nonappearance and the respondents did not oppose the motion.
The error committed by applicants' counsel was a bona fide human mistake, not negligence, and no serious damage would occur to the respondent if the defence is restored. Sufficient cause was demonstrated for non-appearance, justifying exercise of court's discretion to set aside the previous order and restore the Written Statement of Defence.
Source excerpt
The High Court dismissed an application to set aside an ex parte land judgment, holding it was brought under the wrong rule and was out of time.
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