On the 18th of February, 2016, the Defendants filed a document titled
STATEMENT OF DEFENCE with no application for extension of time.
Accordingly, there was no defence to this action.
When the matter came up for hearing on the 15th March, 2016, the
Defendants were not in Court nor were they represented.
The Counsel to the Plaintiff, Mr. George Ibrahim Esq., presented the case
of the Plaintiff. He argued that the Defendants were served with all the
processes in this case and are aware of the case and the date for hearing
but took no steps to answer to the same. He further argued that the letter
written by the 1st Defendant is neither a statement of Defence nor a
recognizable process and urged the Court to discountenance the letter
and hold that there is no defence before the Court.
The Plaintiff then moved his application for judgment in default dated 18th
January,2016 and asked the Court to enter judgment in favour of the
Plaintiff for the Defendants’ failure to enter appearance or file a defence.
He urged the Court to grant all the reliefs sought in the originating
application since the Defendants have no defence.
The Plaintiff, after much hesitation, withdrew the application to call
witness. The Court granted his prayers and adjourned to 26th May,2016
for judgment.
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