ADAKLU DISTRICT ASSEMBLY V. ROS AUTO COMPANY

JUDGMENT

1.0 Background

1.1 The plaintiff District Assembly commenced this suit by a writ of summons and a statement of claim. That was on 14 February 2020. The writ was issued principally to nullify and invalidate the judgment that the defendant company had earlier in this court obtained against plaintiff Assembly. According to the plaintiff, the said judgment was actuated by fraud. The plaintiff is thus by this suit praying the court to set aside the judgment that the defendant herein on 23 January 2020 obtained against the plaintiff. 

1.2 The writ of summons and the statement of claim were later upon application amended on 8 April 2020. Plaintiff once again sought leave to amend the statement of claim to provide the gaping gap of non-existent requisite details and particulars of the fraud allegation as required by Order 11 Rule 12 of the High Court (Civil Procedure) Rules, 2004, CI 47. By the amended writ and the amended statement of claim, the plaintiff Assembly prays for the followi…