Court:
Supreme Court
Catchwords:
Application to set aside default judgment-Rule 13 of Civil Procedure Rules (CPR)-Whether application for relief from sanctions under rule 26 of the CPR is required-Requirements to set aside default judgment-Real prospect of success in defending claim in foremost consideration-Application must have an affidavit of merit-Waiver of affidavit of merit possible only in exceptional circumstances-Applicant must have acted promptly and have a good explanation for failure to comply-Court still has discretion to set aside judgment where application not prompt and there is no good explanation
Document Type:
Year:
2019
Suit/Claim number:
2012HCV01702
Neutral Citation:
[2019] JMCA Civ 181