JUDGMENTS
Apaloo CJ: The question for decision in this appeal, is whether the 1earned trial judge exercised his discretion judicially or not in refusing to set aside an ex-parte order for decree nisi which he made in the respondent’s favour on the 8th March, 1989.
It is not suggested in this appeal that the learned judge did not have jurisdiction to hear the cross petition or that in hearing and disposing of it, he infringed any rule of procedure or any principle of justice. Clearly he has a discretion to set aside an ex-parte judgment just as he has power to refuse to do so. The appellant says, he was wrong in as much as he refused to set the judgment aside, the respondent says, he was perfectly in his refusal.
The principles on which this Court acts when invited to upset a trial court’s exercise of discretion, are well known and it would be pedantic to produce the many cases which laid down the principle. For the purpose of this appeal, the most helpful enunciation of the principle is …