CLETUS BABRON KUFIA AND ABENA CHONGA KUFIA vs. MR. AIKINS & 2 ORS

JUDGMENT Introduction The writ in this suit was originally issued on 5th August 2011. The statement of claim was later amended on 25th February 2021, about ten years after the original writ was issued. This case has been pending in the court for almost twelve years which does not augur well for justice. The case was assigned to this court to handle on 9th October 2018 at a time where the plaintiffs had already been granted an interlocutory judgment against the defendants for failure to file their defence. Instead of the plaintiffs proceeding to lead evidence in proof of their title in order for the court to enter final judgment on their behalf, counsel for the plaintiffs rather brought an application for leave to go into execution in respect of the said interlocutory judgment which approach is an anomaly as one cannot attempt to enforce an interlocutory judgment because it is not a final judgment. On 15th May 2019, counsel for the defendants brought an application to set aside...