This is an application to set aside the default judgment entered against the defendants in November, 2016. I have read the application and the affidavit in support. I have also listened to both counsel for and against the application. I recognise that there are two contradictory search reports on the docket filed by both parties. It is however true that the defendants filed a notice of a conditional appearance as far back as 9th June, 2015 @2:56pm.
The only inference I can draw from these facts is that whoever answered the search conducted by the plaintiff put down false information thereby misleading the plaintiff into filing the motion for judgment in default of appearance. I do not want to believe that the notice of conditional appearance on the case docket was backdated by someone after the default judgment was entered. In any case, it is better and serves the ends of justice for a court to strive to determine cases on merit. For the following reasons, I grant the application to se…