MULTI - CONCEPT CO. LIMITED vs. JONAS NIKOI AND BETHEL LAW CONSULT

The Plaintiff/Respondent herein on the 26th day of February, 2016, took a preliminary objection to a previous application for leave to enter late appearance and to set aside Default Judgement filed by the 1st Respondent/Applicant on the 12th day of February 2016, on the following grounds: A) The affidavit attached to motion had not been sworn in breach of Order 20 rule 2 of CI 47. B) There was no evidence before this Court that Counsel had taken out a practicing certificate for the year 2016, as required by section 8(1) of the Legal Profession Act, Act 32 which rendered him incompetent to represent the 1st Defendant in bringing the said application. C) The 1st Defendant/Applicant had failed to exhibit the documents attached to the said affidavit as required by Order 20 rule 14. This Court after hearing both Parties upheld Plaintiff/Respondent’s preliminary objection and dismissed the 1st Defendant’s application on the basis of the above listed grounds. The instant appli...