This appeal is the result of the learned trial High Court Judges refusal to set aside a default judgment in favour of the plaintiff.
The Respondents herein issued a writ of summons claiming the reliefs as per the indorsement of the writ of summons on January, 23, 1997 including but not limited to declaration of title recovery of possession and damages.
A statement of claim was not attached to the said writ of summons. The appellants entered Appearance but did not file their statutory statement of defence and the plaintiffs/respondents applied for and obtained a judgment in default of defence in their favour on December 4 1998.
The said judgment was subsequently set aside and apparently on the advice of the learned trial judge, the Respondents served all the processes afresh on the appellants.
The appellants, failed to respond to same and the respondents applied for and obtained a judgment in default of appearance against the Appellants.
The Appellants applied to hav…