Shiv Shakii International v Manirilo Nkizinkiko Jackson (Civil Suit No. 867 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court Commercial Division entered default judgment against the defendant who failed to file leave to appear and defend after being served through substituted service by advertisement in the Monitor Newspaper. The court ordered payment of USD 14,710 as prayed in the plaint and awarded costs to the plaintiff under Order 36 rule 2 of the Civil Procedure Rules.
Outcome
Default judgment entered in favour of plaintiff with monetary award and costs
Facts
The plaintiff filed a specially endorsed plaint against the defendant. The defendant was served by WhatsApp on telephone number +256756939178. The plaintiff filed Miscellaneous Application No. 1793 of 2024 seeking substituted service, which was granted. Summons were advertised in the Monitor Newspaper on 24 September 2024. The defendant failed to file leave to appear and defend. The plaintiff sought default judgment under Order 36 rule 2 of the Civil Procedure Rules.
Issues
- Whether default judgment should be entered against the defendant who failed to file leave to appear and defend after being served by substituted service
Orders
- Default judgment entered.
- The defendant shall pay USD 14,710 as prayed in the plaint.
- Costs of the suit are awarded to the plaintiff.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.