Sempa Laston v Ssuna Matia and Others (Miscellaneous Application No. 2364 of 2025)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted the application to set aside the exparte order and allowed the applicant leave to file a written statement of defence out of time within 14 days, with no order as to costs since the respondent did not oppose.
Outcome
Exparte order set aside; applicant granted leave to file defence out of time within 14 days
Facts
This was a miscellaneous application arising from Civil Suit No. 777 of 2020. The respondent had been granted an order to proceed exparte against the applicant. The applicant sought to have that exparte order set aside and to be granted leave to file a written statement of defence out of time. The respondent did not oppose the application.
Issues
- Whether the exparte order should be set aside and the applicant granted leave to file a written statement of defence out of time.
Orders
- Application granted.
- The order that allowed the Respondent to proceed exparte against the Applicant is hereby set aside.
- The Applicant is hereby granted leave to file Written Statement of Defence out of time within 14 days from today.
- No orders as to costs since the Respondent did not oppose the application.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.