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The High Court entered summary judgment for Sikonge District Council and the Attorney General after the defendants failed to seek leave to defend a revenue recovery claim.
Defendant's failure to apply for leave to defend under Order XXXV CPC results in the allegations in the plaint being deemed admitted, entitling the plaintiff to summary judgment for the claimed amount, interest, and costs.
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The applicants failed to meet the cumulative conditions for grant of interim relief as set out in Atilio vs Mbowe. They did not establish locus standi, as they sued in their personal capacity despite claiming to act for a larger group, and granting the orders to only 65 out of over 4,300 traders would be detrimental to public interest.
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Defendant failed to meet conditions for leave to defend; under Order XXXV Rule 2(2), allegations in the plaint are deemed admitted, entitling plaintiffs to judgment for the claimed sum and interest.
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The Court of Appeal held that the High Court lacked jurisdiction over a tax dispute, which had to proceed under the Tax Revenue Appeals Act.
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