JUDGMENT
Simpson Ag JA The plaintiff company (the respondent in this appeal) by agreement in writing granted to the defendant (the present appellant) an exclusive licence to operate a service station. Alleging breaches of this agreement the plaintiff sued the defendant inter alia for eviction from the station and for damages.
The defendant entered an appearance but filed no defence within time. Formal proof was fixed for January 6, 1980. Neither the defendant nor his advocate appeared and judgment was given for the plaintiff upon proof ex parte. Mr Nowrojee conceded that the defendant was not served with a notice of hearing for January 6.
The defendant successfully applied by chamber summons dated May 8, 1980 under order IXA rule 10 of the Civil Procedure Rules for the ex parte judgment to be set aside. He was given leave to defend and execution was stayed. He was also given permission to continue to operate the service station. This order was made ex parte on May 12, 1980.
The following …