K.E & SONS LIMITED (PLAINTIFF/RESPONDENT) vs. NINS DEVELOPERS LTD. (DEFENDANT/ APPELLANT)

OFOE,J.A. This appeal has arisen because the trial judge ruled that since an earlier application before her to set aside a default judgment was struck out for want of prosecution, to reinstate the motion the applicant can only come by way of an application to relist and not to repeat the application by filing another motion to set aside the judgment. The said ruling can be found at page 43 of the record of appeal. The trial judge said: “ This is the ruling of the court: this application was struck out for want of prosecution. The defendant can only apply for relistment of the application. This application is struck out” Thus applicant’s motion to set aside the default judgment was struck out. The defendant, by his counsel disagrees with this view of the trial judge, hence this appeal. He has only one ground of appeal. That is “The trial judge was wrong in striking out the motion to set aside the judgment which was entered in default of defence because, according to her, ...