Supreme Court clarifies the requirements for filing a civil defence vis-a-vis applications for default judgments

The Supreme Court has had the opportunity to interpret the provisions of Order 8 Rules 1(2) and 19, and Order 9 rule 1(1). In doing so, the Court has finally cleared the ambiguity created by the all too often asked question of whether a plaintiff is entitled to a default judgment where the defendant has filed their written statement of defence within the prescribed fifteen days but has not served the same onto the plaintiff within that time. Put in a different way, must a written statement of defence filed and SERVED within the prescribed time of fifteen days.

 

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