PRESTIGE CAPITAL TOWERS (PLAINTIFF) vs. FIRSTBANC FINANCIAL SERVICES LTD (DEFENDANT)

This is an application to set aside the default judgment entered in favour of Plaintiff/Respondent. I have read the application and the supporting affidavit in opposition. Regard has also been given to the various exhibits attached to the affidavits filed. I have given consideration to the oral submissions made by both Counsel. I recognise the duty of the Court imposed by Order 10 rule 8 of CI. 47. It is my considered opinion that a Court should always strive to determine cases on merits. In the instant case, looking at the issues raised in the application regarding the Relief 2 on the Writ in relation to the claim for interest and issues of service on the Defendant as well as the nature of the contractual relationship between the parties, it would be just and proper for the Court to go into the merit of the case. I hereby set aside the Default Judgment entered for Plaintiff. It is therefore my view that the Default Judgment ought to be set aside. The execution process set in mot...