Yemane Ghebresiiassie Abreham v Lulya & Dawit General Trading Company Ltd (Miscellaneous Application No. 94 of 2026)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the applicant's application for leave to appear and defend a summary suit for failure to prosecute. The applicant and his counsel failed to attend court on the third scheduled hearing date and provided no supporting documents despite two prior adjournments granted for that purpose. Default judgment was entered against the applicant for USD 3,236,100 plus interest at court rate and costs.
Outcome
Default judgment entered against the applicant for failure to prosecute application for leave to defend
Facts
The respondent plaintiff filed a summary suit against the applicant defendant claiming USD 3,236,100. The applicant filed an application for leave to appear and defend. The matter came before court on three occasions. On the first two hearings, the court noted that the application lacked supporting documents necessary to determine whether the applicant had a defence. The matter was adjourned twice to enable the applicant to provide relevant documents. On 13 May 2026, the matter was adjourned to 25 May 2026 in the presence of the applicant's counsel. The respondent wrote to the applicant's counsel on Friday requesting information by way of affidavit in rejoinder. On 25 May 2026, neither the applicant nor his counsel appeared in court, and no justifiable reason was provided for their absence.
Issues
- Whether the applicant should be granted leave to appear and defend the summary suit.
- Whether the application should be dismissed for failure to prosecute.
Orders
- Application for leave to appear and defend dismissed pursuant to Order 17 rule 4 of the Civil Procedure Rules.
- Default judgment entered against the applicant for USD 3,236,100.
- Interest at court rate awarded from the date of default judgment until payment in full.
- Costs awarded to the respondent.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.