default judgmentheads of argumentstriking offrescission
Tags
default judgmentright of audienceprocedural irregularity
legislation
Statutes Cited
None (no statute or statutory instrument is referred to in the judgment).
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether an appellant who was barred in the court a quo for failure to file heads of argument has right of audience before the Supreme Court","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant barred for failure to file heads of argument"}
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background
Facts of the Case
Background
The appellant had been barred in the court a quo for failure to file heads of argument. Despite this, the court a quo proceeded to consider the merits and delivered judgment. The first respondent challenged the appellant's right of audience before the Supreme Court, arguing that the judgment a quo was a default judgment and the appellant should have sought rescission before appealing.
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