Ordinances of the Nyasaland Protectorate in force on the 31st March, 1913. : Revised and consolidated under the authority of "The New Edition of the Ordinances Ordinance, 1911" / by Charles J.Griffin.

  • Griffin, Charles James.
Date:
1913
Catalogue details

Licence: In copyright

Credit: Ordinances of the Nyasaland Protectorate in force on the 31st March, 1913. : Revised and consolidated under the authority of "The New Edition of the Ordinances Ordinance, 1911" / by Charles J.Griffin. Source: Wellcome Collection.

Provider: This material has been provided by London School of Hygiene & Tropical Medicine Library & Archives Service. The original may be consulted at London School of Hygiene & Tropical Medicine Library & Archives Service.

    94/730 (page 84)
    Jutlgment. Interest. Laws of Nyasaland. Pleader or Native Law Agent under The Le^al tto'e^fr' ^^'^ amendment tnereot at any future time enacted. [Amended.] 131 All judgments of the Court shall be ffiven m open Court, and shall be entered upon the records o± the proceedings. 132 When any judgment shall be in respect to any debt payable with interest thereon, such interest shall be computed up to the date of the recovery Proceedings in absence of defen- dant. Judgment by default. Summons to set aside judgment by default. When judgment by default may be set aside. Final judgn^ent. Default of Defendant. o ^^'^^^^ defendant nor anyone authorized to appear for him shall appear on the Court day appointed for that purpose, tllen the said ^fll^r^i? Pl^i^^iff' being satisfied that the process of the Court has been duly served, shall proceed to hear the plaintiff and his witnesses, and cause the evidence to be taken down in writing, and may give such judgment thereon with or without costs, as may seem just. • defendant may at any time within SIX months after such judgment is given take out a summons of the said Court, calling upon the plaintiff in tne original action to shew cause why the iudff- ment obtained by him should not be set aside. K ?2 }l ^0 appear to the Court by oath that the defendant was absent from home at the time when the summons in the action was served, and that he did not receive the same a sufficient time .^aII }l *^^^«turn thereof to obey the same, and that he did not absent himself from home for the purpose of avoiding the service of the summons, or that he was by just and reasonable cause prevented trom attending the Court in pursuance of the said summons then the Court may order the judgment to be set aside and shall permit the defendant to answer to the complaint or demand, upon such terms as to payment ot costs as may seem just. A f flefendant shall then appear and defend the case such judgment shall be given as justice shall require.