{"issue_text":"Whether the court could proceed to hear the divorce matter when the defendant had appealed the striking out order","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant filed notice of appeal against MANZUNZU J's order"}
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background
Facts of the Case
Background
The plaintiff issued summons for divorce against the defendant. After the defendant defaulted at a pre-trial conference, her plea and counter-claim were struck out by MANZUNZU J and the matter referred to the unopposed roll. When the plaintiff set the matter down for hearing, the defendant's counsel appeared and indicated an appeal had been filed against the striking out order.
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