COUNSEL FOR PLAINTIFF/APPLICANT:
My Lady before you is an Application for Final Judgment in respect of Reliefs (a), (b) and(d), and Interlocutory Judgment in respect of Relief (c) as per the endorsement on the Writ of Summons.
We move in terms of the Motion Paper and the Supporting Affidavit together with the attached Exhibits.
We rely on all depositions contained in the affidavit in support and state that the application has been brought under Order 13 Rule 1 and 2 of C. I. 47 which permits the present application upon failure of Defendants to file their Statement of Defence.
We have attached as Exhibit ‘A’ a Search result indicating that in spite of Defendants entering appearance they have since failed to file their Statement of Defence within the stipulated time.
We have not been served with any Affidavit in Opposition to our application.
In the circumstances, we pray that this Court grants by way of Final Judgment Applicant’s reliefs (a), (b) and (d) and further by way of Interlocutory Judgment, relief (c). We pray accordingly.
COUNSEL FOR DEFENDANTS/RESPONDENTS:
My Lady, respectfully we apologize for not filing any processes in the matter.
Our inability to have filed any processes stem from the fact that the parties were considering amicable resolution of the matters before this Court.
I have the instructions of the substantive lawyer in the matter to pray this Court for one final adjournment.
Respectfully we acknowledge the fact that this Honourable Court has extended courtesies to the Defendants, however considering the fact that the Defendant is at the brink of concluding terms of settlement with the Plaintiff, and in line with an expeditious settlement of the matters before this Court, we will pray for one very last adjournment so as to enable the parties file their terms of settlement to be adopted as the Consent Judgment of this Honourable Court.
We pray accordingly.
JUDGMENT
This is an application filed by Counsel for the Plaintiff/Applicant on 19th January, 2024 praying for Final Judgment to be entered in favour of the Plaintiff against the Defendants for its Reliefs (a), (b) and (d) and Interlocutory Judgment for general damages for breach of contract.
The application was brought under Order 13 Rules 1 and 2 of C. I47. The Plaintiff issued a Writ against the Defendants on 20th June, 2023 and the Defendants entered appearance on 10th August, 2023. Till date the Defendants have failed to file a defence and also file an affidavit
