Johnrick Trading CO. & property Consultants Ltd v Electrol Controls Switch Gear Ltd (Civil Revision Cause No.009 of 2014)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court held that a magistrate exercises jurisdiction with material irregularity when ordering formal proof to proceed while an application to set aside the default judgment remains pending and scheduled for hearing. An order to proceed with formal proof constitutes a case decided for purposes of revision under Section 83 of the Civil Procedure Act. The revision order was granted, setting aside the magistrate's order and directing that the application to set aside default judgment be heard first.

Outcome

Magistrate's order to proceed with formal proof set aside; matter remitted to magistrate to first hear and dispose of application to set aside default judgment

Facts

The respondent obtained a default judgment against the applicant in the Chief Magistrate's Court at Nabweru in Civil Suit No. 104 of 2014. The applicant filed Misc. Application No. 133 of 2014 to set aside the default judgment, which was fixed for hearing on 30th September 2014. Before that application could be heard, the trial magistrate on 1st September 2014 ordered that the main suit proceed for formal proof. The applicant sought revision of this order on the ground that it was materially irregular to proceed with formal proof while an application to set aside the judgment that triggered the formal proof remained pending.

Issues

1. Whether this is a proper case for revision.
2. Whether there are sufficient grounds for this court to make a revision order.
3. Whether the applicant is entitled to the orders sought in the application.

Orders

• Revision order granted.
• The learned Magistrate exercised jurisdiction vested in her with material irregularity.
• Order to proceed with formal proof set aside.
• The application to set aside the default judgment should be heard and disposed of before any other proceedings in the matter.
• Costs in the cause.

Rules and key headnotes

Legislation cited (6)

• Judicature Act s.33
• Civil Procedure Act s.83
• Civil Procedure Act s.98
• Civil Procedure Rules Order 52 rule 1
• Civil Procedure Rules Order 52 rule 2
• Civil Procedure Rules Order 52 rule 3

Cases cited (2)

• Matemba v Yamulinga [1968] EA 643
• Rothblum v Ebrahim Hajec Ltd [1963] EA 47

The original judgment as reported. Read the original PDF before relying on any passage.