effect of default judgment – default judgment means the case is at an end and the issue of liability is res judicata – once default judgment entered the cause of action is at an end and the parties are prevented from re-agitating matter before the court unless it was an application to set aside the judgment – an application for discontinuance after default judgment was therefore an abuse of process and should have been struck out
counsel – conduct – the confusion was further compounded by the inattention to detail and the orders earlier taken out and counsel misleading the court to agitate matters which were clearly res judicata and had not been enlivened further accumulating unnecessary costs to the parties in the case – we are satisfied that this is one of those matters that had been allowed to persist and continue resulting in unnecessary costs having to be borne by the parties in the case – we express our concerns that as a result of lack of diligence on the part of counsel this appeal and proceedings in the Court below had been misguided and the Court being misled by counsel after the default judgment had been issued which brought the proceedings to an end
Leave a Reply