ANTOINE ELIAS BRIMO vs. A.G. TIMBERS

Before the court is an application to set aside judgment in default of appearance filed through a motion on notice pursuant to Order 10 of the High Court (Civil Procedure Rules), 2004, CI 47. The grounds of the application are contained in the affidavit in support filed on 10/01/2017. The Respondent is opposed to the application and has demonstrated the grounds in the affidavit in opposition filed on 12/01/2017. At the hearing counsel for the applicant relied on the affidavit in support as well as the annexures and prayed the court to set aside the judgment in default of appearance. She also prayed the court to grant the applicant leave to enter appearance. Counsel submitted that in determining whether to grant the application, the court ought to satisfy itself from the affidavit whether it discloses an explanation for the default in entering an appearance and also whether it discloses a reasonable defence to the claim. She made reference to pages 345 and 346 of Civil Procedure: the...