Default judgment

Ghana · 2024

Principle established: A judgment entered in default proceedings may be vacated on grounds of fraud, balancing the finality of litigation against the need to prevent the misuse of the court system.

Sierra Leone — Court of Appeal · 2018

Principle established: Summary judgment should not be granted where there are triable issues of fact, such as whether a third party interfered with luggage under international aviation conventions.

Sierra Leone — Court of Appeal · 2021

Principle established: Summary judgment should not be granted where the defendant's affidavit raises triable issues of fact or law that warrant a full trial on the merits.

Sierra Leone — Court of Appeal · 2021

Principle established: Summary judgment should not be granted where the defendant's affidavit raises triable issues of fact or law that warrant a full trial on the merits.

Sierra Leone — Supreme Court · 1962

Principle established: A defendant's contumelious failure to enter an appearance does not preclude setting aside a default judgment if a bona fide defence on the merits is disclosed and circumstances warrant it.

Sierra Leone — Supreme Court · 1962

Principle established: A court may exercise its discretion to set aside a default judgment where a defence on the merits is disclosed, notwithstanding the defendant's contempt in ignoring the writ.

Malawi · 2024

Principle established: An application for stay of execution pending appeal may be brought before the Supreme Court following the dismissal of a similar application in the High Court.

Sierra Leone — Court of Appeal · 1962

Principle established: Where a court hears evidence and enters judgment on the merits in the absence of the defendant, the judgment cannot subsequently be set aside under default judgment procedural rules.

Sierra Leone — Court of Appeal · 1962

Principle established: A court has no jurisdiction to set aside a judgment obtained after a trial on the merits held in the absence of a non-appearing defendant.

Sierra Leone — Court of Appeal · 2017

Principle established: A defendant may be refused leave to defend and summary judgment granted to the plaintiff where there is no triable issue regarding the recovery of sums due under a contract.

Sierra Leone — Court of Appeal · 2018

Principle established: A defendant may apply for a stay of execution of a summary judgment in a land dispute pending the hearing and determination of an appeal.

Malawi · 2026

Principle established: A court may set aside a default judgment if the defendant demonstrates a prima facie defense on the merits and provides a reasonable explanation for the failure to file a defense.

Sierra Leone — Court of Appeal · 2017

Principle established: In the Fast Track Commercial Court, a plaintiff may seek summary judgment, but the court must consider whether procedural requirements, such as pre-trial conferences, have been met.

Sierra Leone — Court of Appeal · 2015

Principle established: An appeal against an interlocutory judgment requires leave of the court; failure to obtain such leave renders the appeal a nullity for lack of jurisdiction.

Sierra Leone — Court of Appeal · 2015

Principle established: The Court of Appeal lacks jurisdiction to hear an appeal from an interlocutory order if the appellant failed to seek and obtain the necessary leave from the High Court.

Sierra Leone — African Law Reports · 1964-66

Principle established: An appellate court may interfere with a judge's exercise of discretion in setting aside a default judgment if it is based on a wrong legal principle, wrongly arrived at, or results in injustice.

Sierra Leone — Court of Appeal · 1966

Principle established: An appellate court may interfere with a trial judge's discretionary refusal or grant to set aside a default judgment if it is wrongly arrived at, based on wrong principles, or causes injustice.

Sierra Leone — African Law Reports · 1964-66

Principle established: An undrawn order for assessment of damages by the Master against a non-appearing defendant is discharged by an award of damages against him at the trial of the co-defendant.

Sierra Leone — Supreme Court · 1966

Principle established: An undrawn order referring damages for assessment by the Master on default of appearance is discharged when damages are awarded by the court at the trial of the appearing co-defendant.

Sierra Leone — Court of Appeal · 1979

Principle established: An appellate court may exercise its discretion to set aside a regular default judgment where an adequate affidavit of merit and proposed defence are presented.

Sierra Leone — Supreme Court · 2014

Principle established: Appellate courts review whether a trial judge properly exercised discretion in delivering judgment in the absence of a party and whether such judgment should be set aside.

Sierra Leone — Court of Appeal · 2019

Principle established: A trial judge must analyze the merits of the case and refer to legal principles when dealing with applications for summary judgment, rather than delivering a brief ruling without analysis.

Sierra Leone — Court of Appeal · 2019

Principle established: A trial judge must analyze the merits of the case and refer to legal principles when dealing with applications for summary judgment, rather than delivering a brief ruling without analysis.

Sierra Leone — Court of Appeal · 2019

Principle established: A trial judge must analyze the merits of the case and refer to legal principles when dealing with applications for summary judgment, rather than delivering a brief ruling without analysis.

Sierra Leone — Court of Appeal · 2018

Principle established: In claims for damages for breach of duty and end-of-service benefits, the court considers settlement proposals and applications for summary judgment to determine appropriate compensation.

Uganda · 2026

Principle established: A suit should not be dismissed for want of prosecution if there are unresolved issues regarding the legality of service of summons on the parties.

South Africa · 2022

Principle established: A court may grant default judgment for outstanding loan amounts and declare mortgaged property specially executable when a debtor fails to defend the action.

Sierra Leone — Supreme Court · 2014

Principle established: The Supreme Court determines whether the Court of Appeal correctly allowed an appeal against a High Court ruling involving a judgment delivered in the absence of the defendant.

Sierra Leone — Court of Appeal · 1972

Principle established: The proper procedure for a plaintiff against whom judgment has been entered in default of appearance per incuriam is to apply to the trial court to set it aside.

Sierra Leone — African Law Reports · 1972-73

Principle established: Where a plaintiff suffers a default judgment per incuriam, the appropriate remedy is an application to the trial court to set aside the judgment rather than a direct appeal.

Sierra Leone — Supreme Court · 1974

Principle established: A court has inherent jurisdiction to set aside its own default judgment for a patent irregularity, such as execution for more than the judgment, and a claim for unliquidated damages must be assessed before execution.

Sierra Leone — Supreme Court · 1974

Principle established: A court has inherent jurisdiction to set aside its own default judgment for a patent irregularity, such as execution for more than the judgment, and a claim for unliquidated damages must be assessed before execution.

Sierra Leone — Court of Appeal · 2015

Principle established: A trial judge should consider an application to set aside a default judgment if the defendant demonstrates a merit-based defence and took immediate steps to rectify the default.