NATIONAL INVESTMENT BANK LTD. (PLAINTIFF) vs. DELIMAN OIL COMPANY LTD., MESUNA HUDU DELIMAN AND MESUNA YAHA (DEFENDANTS)

The instant application filed on the 16th March 2018 seeks an order from this court to set aside the judgement in default of defence entered against the Defendants/Applicants on the 27th June, 2017. Attached to the Motion paper is an Affidavit in Support. The Plaintiff/Respondent is opposed to the Application as shown by the Affidavit in Opposition and the Supplementary Affidavit in Opposition filed by the Plaintiff. The court has considered all the depositions contained in the various Affidavits and have also considered the legal submissions made by counsel when the Application was heard. In view of the nature of the defence exhibited by the Defendants/Applicants as shown in their Affidavit in Support as well as the proposed Statement of Defence exhibited by the Applicants to their Affidavit in Support, the Court is of the considered opinion that substantial justice will be done by granting opportunity to the Defendants /Applicants to put forward their defence. For this reason th...