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Failure to properly serve the applicants with summons and failure to notify them of the date of ex-parte judgment constituted serious procedural irregularities and violations of the right to be heard, rendering the ex-parte judgment and proceedings void.
Source excerpt
The application to set aside the ex parte judgment fails because the applicant's exclusion from the hearing was a direct consequence of their failure to file and serve witness statements, not lack of notice of hearing. The applicant's arguments regarding non-service of hearing notices are irrelevant. As for the alleged lack of notice of delivery of judgment, the High Court lacks jurisdiction to declare its own judgment a nullity; such a challenge must be made before a superior court.
Source excerpt
The High Court Land Division dismissed an application for extension of time to seek setting aside of an ex parte judgment, finding the delay was not sufficiently explained.
The applicant demonstrated sufficient cause for the delay, as the delay was technical and attributable to time spent pursuing other remedies in court and awaiting court processes. The applicant accounted for the period of delay, and any delay attributable to court processes is not to be blamed on the applicant. Extension of time is therefore warranted.
Source excerpt
Failure to notify the appellant of the scheduled date for delivery of exparte judgment amounts to illegality and constitutes sufficient cause for grant of extension of time.
Source excerpt
The High Court granted the applicant 14 days’ extension to seek setting aside of an ex parte land judgment, finding sufficient cause and no proof of substituted service.
The High Court dismissed an application for leave to appeal to the Court of Appeal, finding no point of law worthy of consideration.
The High Court Commercial Division dismissed an application to set aside a default judgment, finding no sufficient cause and no convincing challenge to substituted service.
The Tribunal's failure to record and read out the opinion of the assessor, despite proceeding with one assessor, is a fatal procedural irregularity that vitiates the proceedings and renders the judgment and decree a nullity.
Source excerpt
The High Court Land Division refused to allow amendment of a chamber summons and struck out the application as incurably defective because of conflicting judgment dates.
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