The dispute related to a piece of land that was held by the applicant as tenants in common who thereafter entered into an agreement to sell the land to the respondent. The agreement included terms for initial payment and payment of the balance when handing over the property.

The respondent took possession of the land after paying the balance when he signed the land transfer form. However, the respondent averred that title to the land was never transferred. The appellants contended that the respondent failed to pay the remaining amount so sold it to a third party.

After several delays, the appellant’s lawyers did not appear at trial, and the court heard the matter and entered ex parte judgment in favour of the respondents. The appellants contended that a hearing notice to proceed without the appellants (ex parte) was not served on them.

The Court of Appeal held that an ex parte judgment can only be set aside if there is a sufficient cause and the failure to serve the notice for hearing is not one of the grounds for setting aside the ex parte judgment. The court held that the ex parte judgment could not be set aside.

The dispute related to a piece of land that was held by the applicant as tenants in common who thereafter entered into an agreement to sell the land to the respondent. The agreement included terms for initial payment and payment of the balance when handing over the property.

The respondent took possession of the land after paying the balance when he signed the land transfer form. However, the respondent averred that title to the land was never transferred. The appellants contended that the respondent failed to pay the remaining amount so sold it to a third party.

After several delays, the appellant’s lawyers did not appear at trial, and the court heard the matter and entered ex parte judgment in favour of the respondents. The appellants contended that a hearing notice to proceed without the appellants (ex parte) was not served on them.

The Court of Appeal held that an ex parte judgment can only be set aside if there is a sufficient cause and the failure to serve the notice for hearing is not one of the grounds for setting aside the ex parte judgment. The court held that the ex parte judgment could not be set aside.