PIONEER CONSTRUCTION PRODUCTS LTD. vs. FADDOOL

The plaintiff-respondent (hereinafter referred to as the plaintiff) sued the defendant-applicants (hereinafter referred to as the defendants) on an originating summons for a declaration that by virtue of a provision in a certain deed of assignment the defendants became tenants of a certain property, for the sum of ¢12,000.00 being arrears of rent, and for vacant possession. Judgment was entered against the defendants. The court is now being moved for an order to set aside the judgment obtained. In his affidavit supporting this application a director of the defendant company deposed, inter alia: “(2) That on 3 July 1973, I attended this court and announced to the court that the company was in liquidation. (3) That his lordship the judge ruled that in those circumstances the plaintiff should consult his lawyer who would know what to do. (4) That no new date was fixed for hearing the case. (5) That no hearing notice was served on the Registrar-General or the defendant-judgme...