Is it Permissible Not To Attend the Court When We Receive A Summons?
A Judgment in Default (JID) of Appearance is issued against a defendant when they fail to enter an appearance within the prescribed period after being served with a Writ of Summons or an Originating Summons.
This indicates the defendant’s failure to respond or defend their case in court. A JID may take the form of either a final judgment or an interlocutory judgment, depending on the nature of the claims sought by the plaintiff.
So what do I do after I entered an appearance?
You have to file your defence! If not a Judgment in Default of Defence may be entered againts you. A Judgment in Default of Defence is a type of judgment recorded against a defendant who has entered an appearance in a case but has failed to file a defence within the specified timeframe. This Judgment in Default of Defence can also be set aside; however, defendant must have very compelling reasons to apply for the court to set aside a Judgment in Default of Defence.
The Defendant Ghosted Your Summon, What Can You Do?
Procedures to Enter a Judgment in Default:
- The Plaintiff produces a certificate of non-appearance in Form 12 and affidavit of due services;
- Serve a 7 days written notice to the defendant;
- Once the court is satisfied, court may order to enter judgment in default
Can The Defendant Apply To Set Aside a JID of Appearance?
Defendants may seek to have a Judgment in Default (JID) set aside under certain conditions.
But the application to set aside must be made within 30 days of receiving the JID, as stipulated under Order 42, Rule 13 of the ROC 2012. Adherence to this deadline is critical. If the defendant seeks to set aside the JID after the 30-day limit, they must first apply for an extension of time under Order 3, Rule 5 of the ROC 2012 before proceeding with the application to set aside the JID.
Situations Where Judgment in Default May Not be Entered:
- When the government is sued in civil proceeding without leave;
- When the Defendant is a minor ar a patient and no appearance has been entered for him by a litigation representative; and
- Where a writ served on a Defendant is not endorsed with the requirement stipulated in 0rder 10 Rule (1) 4 of the Rules of Court 2012.
WHAT IS A REGULAR AND IRREGULAR JUDGEMENT?
The court must first determine whether a judgment is regular or irregular. An irregular judgment, obtained without strict compliance with the Rules of Court 2012, renders the proceedings null and will be set aside ex debitio justitiae (as a matter of right). In contrast, if the judgment is regular, the court must assess whether the defendant has a defence on merit before proceeding further.
WHAT IS A ‘DEFENCE ON THE MERITS’?
‘Defence on the merits’ is where an arguable or triable issue is raised.
For example, a contributory negligence. Zaidi states that Amir, who ran a red light, is the cause of the accident. However, Amir argues that Zaidi, who was speeding, also caused the accident. Therefore, Amir’s statement indicates contributory negligence, which is an arguable issue that applies as defence on the merits.
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