IBRAHIM MUHAMMAD MOUCKHTARI vs. KWABENA BOATENG, SANKARA SAIDOU AND MR. KIENDREBEOGO BASSIBIRI ADRIEN

Counsel for Applicant: What we have before you this morning is a motion to set aside the judgment which was entered by the Court against the Defendants and all subsequent processes in this suit. I move in terms of the motion paper, the supporting affidavit together with the annexures thereto. We rely on all the averment in the affidavit in support particularly paragraphs 4 to 15. The gravamen of this application is that the Defendant/Judgment Debtors have never at any time been served with any process in this suit and in the circumstances the judgment which was entered by the Court breaches the rules of natural justice. We also submit that the Court was not properly seized with jurisdiction to proceed with the judgment that it entered against the Defendants. This is because the Defendants are nationals of Burkina Faso and live permanently in Burkina Faso and only come here occasionally to do business to wit transporting produce from Burkina Faso to Blue Skies Companies that import ...