The judgment that is entered where any party required to file a written statement of defense fails to do so within the specified period or where such period has been extended by the Court’s order.

The filing of Form No. 1 comes as a requirement of the law where a Plaintiff is seeking a Default Judgment in a case where a Defendant has declined or failed to file a written Statement of Defense to defend his or her case. Under that circumstance, a Default Judgement becomes a matter of right as provided for under Rule 22(1) of the High Court (Commercial Division) procedure Rules, 2012 (as amended, 2019).

The said Rule 22(1) provides as follows:

“Where any party required to file a written statement of defense fails to do so within the specified period or where such period has been extended in accordance with sub-rule (2) of rule 20, within the period of that extension, the court may, upon proof of service and on application by the plaintiff in form No. 1 set out in the schedule to these Rules accompanied by an affidavit in proof of claim, enter judgment in favor of the Plaintiff.”

In the case of A-One products Machinery Ltd vs Hong Kong Hua Yun Industrial Ltd, Commercial case No. 105 of 2017 (unreported), this Court, Magoiga, J., citing the earlier case of Nitro Explosive (T) Ltd vs Tanzanite on Mining Ltd, Commercial Case No. 118 of 2018, observed that, the granting of a Default judgment is made possible upon proof of the following:

(a) That, there was a proof of service to the defendant but who failed to file a written statement of defense.

(b) That, the Plaintiff has made an application to the Court in the prescribed Form No.1 to the First Schedule to the Rules.

(c) That, the said Form No. 1 is accompanied by an affidavit in proof of the claim.

Also, the said affidavit which needs to be filed: “must be self-explanatory proving every claim in the Plaint and exhibits must as well be authenticated and the ingredients must co-exist for judgment in favor of the plaint to be given”.

It is also a cardinal principle that the one who alleges must prove. Likewise in this default judgment the Plaintiff must prove his case as per the balance of probability.

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