AMIR HOTEL COMPLEX & ORS V. AMAR MOHAMMED MAHMOUD (OMAR) & 11 ORS

BY COURT

We have before you an application seeking to set aside this court judgment that was in default of defence on 27th November 2019. With the Court’s indulgent we pray to move the court in terms of the motion paper together with the affidavit in support and the attachment.

We rely extensively on the depositions in our affidavit in support. In summary it is our submission that although the writ of summons was filed on 23rd of November 2018 and same was served on the applicants who duly instructed their lawyer to enter appearance on their behalf. We respectfully submit as indicated in paragraphs 7 and 8 in the affidavit in support that the Applicants were unable to file their defence within the time stipulated by the rules of this honourable court due to the manner in which their previous lawyer wanted the action to be conducted.

The Applicants subsequently engaged our law firm and a notice of change of solicitors was also duly filed on 28th of November 2019. This honourable court how…