On 20th February 2019, the Plaintiff brought an application for interlocutory judgment in default of defence against the first Defendant. In opposing the application, the defendant’s counsel argued that this case is non-existent for which reason, the current application is incompetent.
For a clearer understanding of the issues, I will endeavour to give a brief background of the case. In 2013, the Plaintiff commenced an action against the Defendants in Suit No. FAL/862/13. When the suit reached the Direction Stage, the Plaintiff filed a Notice of Discontinuance on 14th August 2017 and proceeded to institute a new writ on 21st August 2017) for the same reliefs. After entering an appearance for the first Defendant, counsel for the Defendants successfully applied to this Court to strike out the Plaintiff’s writ on the basis that there was a simultaneous suit filed by him in another Court.
When the parties went back to the other court, being the Human Right…