The Plaintiff/Applicant by this Ex parte application seems to root this motion under Order 10 Rule (1) of the High Court (Civil Procedure) Rules, C.I 47 and seeks final judgment against the defendant for his failure to enter appearance and file a defence upon service of the writ of summons and the statement of claim. When the application came on for hearing the court indicated to the counsel for the applicant that the present applicant was incompetent as not mandated by the rules of procedure. Counsel nonetheless, contested this claim and the court adjourned to give a reasoned ruling for describing the application as defective. The reasons of the court is provided as follows:
The plaintiff claims for a liquidated sum being loans advanced to the defendant that Plaintiff contends defendant has defaulted in repayment. This should ordinarily bring it within the scope of order 10 Rule 1 (1) of C. I. 47 which states as follows:
“Where the plaintiff’s claim against the defendant is for a liqui…