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October 9, 2009
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Star Features |
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A default judgement |
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A defendant in a civil suit is upset that a default judgement was entered against him because he did not attend court on one of the many trial dates. He said each time the case was called up he attended court. He said on one of the trial dates he was sick and the resident magistrate entered a default judgement against him for $120,000. "I had a land dispute with a relative and because of the dispute she said I cursed her and slandered her," the man explained. "I did not slander her and she just made it up and went to court saying I slandered her and said very filthy remarks against her. She even got another relative to go to court as a witness for her. "It was about six times I attended court but the seventh time I became ill and was not able to attend the Civil Court. I am very surprised that despite my numerous attendance at court, the woman got judgement against me for slander. "I have witnesses to prove we had a quarrel but I never said anything bad about her. I just spoke my mind that I was not getting off the property because she had no more legal right to the land than I had. "We all lived on the land before our father died and he did not leave a will so we will have to go to court to deal with the matter. I paid a lawyer to file the necessary papers and so far my other sisters and brothers have not given me back the legal fees. slander "What can I do about the default judgement was entered against me, because I did not slander the woman?" You could apply to the court to have the judgement set aside. You can also point out that you had always attended court and it was because of illness why you did not attend. If you were treated by a doctor during the time of your illness you could tender a medical certificate to support your application. In future, if you are sick and cannot attend court, you should send someone to tell the court you are ill. There is provision in law for a default judgement to be set aside so you can have your day in court. 'What can I do about the default judgement was entered against me, because I did not slander the woman?' |
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