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The application was not time barred as the date of payment is deemed the date of filing, but the applicant failed to show sufficient cause to set aside the default judgment because the advocate's absence due to alcoholism does not excuse the applicant's own inaction in pursuing the case or engaging another advocate.
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The High Court Commercial Division dismissed an application to set aside a default judgment, finding substituted service valid and no arguable defence shown.
The High Court Commercial Division dismissed an application to set aside a default judgment, finding no sufficient cause and no proven arguable defence.
Service by publication in widely circulated newspapers is sufficient to notify the applicant of the suit; the applicant failed to demonstrate sufficient cause for non-appearance or for setting aside the default judgment.
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The applicant failed to provide sufficient and convincing reasons for not filing a defence, as the claim of lack of newspaper circulation was unsubstantiated and did not address the process server's affidavit indicating avoidance of service. The application was therefore unmerited.
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Applicants failed to provide sufficient reasons for not filing written statement of defence; negligence of advocate not fully explained or supported by facts; no special circumstances or allegations of non-service, fraud, or misrepresentation; application dismissed for want of sufficient reason.
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Application is incompetent as affidavit lacks grounds for failure to file defence required under Rule 23(2) of High Court (Commercial Division) Procedure Rules, 2012; paragraphs containing legal arguments and opinions expunged; remaining affidavit insufficient to support application; court is functus officio regarding prior determination on filing of defence.
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The two applications for extension of time and setting aside default judgment have different time frames and considerations, making their combination improper in this case; the preliminary objection is upheld and the application is struck out with costs.
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Appeal is improper before the High Court as the appellants should have applied to the District Land and Housing Tribunal to set aside the ex parte judgment; parallel proceedings render the Ward Tribunal judgment a nullity.
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