RULING
Counsel for Defendant/ Applicant- We have before you a motion on notice to set aside Defendant judgement and court proceedings dated 30th April, 2024 and for leave to file statement of defence. I move in terms of the motion paper and supporting affidavit and the attached exhibit. I rely entirely on all the deposition contained in our affidavit in support. After filing appearance, we lost touch with the Defendant and on the verge of withdrawing our services when she contacted us again. A copy of our proposed statement of defence has been attached to our motion. See Exhibit - FOB 1.
Counsel for Plaintiff/ Respondent – The motion for judgment in default of defence was served on Defendant’s Lawyer on 20th November, 2023. The motion was taken 12th January, 2024. The motion paper has a return date so there was no need to serve Hearing Notice. Exhibit ‘1A’ which is the Court Notes on 12th January, 2024 the presiding judge noted there was evidence of service through their Lawyer, and th…