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The High Court allowed an appeal, set aside an ex parte ruling, and ordered a retrial inter partes after finding the appellant should not suffer for his advocate’s personal negligence.
The preliminary objection was upheld because the application sought relief that was not available after dismissal for being time-barred; the only remedy was appeal, not an application for extension of time to set aside the ex-parte order. The preliminary objection raised a pure point of law.
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The application is incompetent due to misjoinder, as the applicant omitted necessary parties (co-defendants) from the application, contrary to established legal principles requiring all original parties to be joined unless a proper procedure for change has been followed.
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The execution proceedings were fundamentally flawed because the applicant was not served with a proper notice to show cause as required by law, thereby denying the applicant the right to be heard. This procedural irregularity rendered the execution proceedings, rulings, and orders invalid.
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Order VIII Rule 14(2) of the Civil Procedure Code applies at the Final Pre-Trial Conference stage, allowing the court discretion to set aside ex-parte orders before judgment and to enlarge time for defence. The preliminary objections raised by the first and second respondents are overruled as the application was properly brought under the applicable rule and not out of time.
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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 High Court struck out a land chamber application for being an omnibus application that improperly joined two distinct prayers: extension of time and setting aside an ex parte order.
The High Court set aside a CMA ex parte award after finding the applicant had a sufficient reason for non-appearance and deserved a hearing inter partes.
The High Court set aside an ex parte order after finding it was made before the statutory 21-day period expired following service by publication.
High Court Labour Division dismissed an application to revise and set aside a CMA dismissal order, finding no sufficient reason, no proof of absence, and proper service.
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