A default judgment is your next step when the party whom the
action is brought against has failed to defend the claim. It is,
therefore, reasonable to assume that the party is not disputing the
claim sought. The default judgment process is governed by Rule 12
of the Magistrates Court Rules.
There are four scenarios whereby default judgment may be entered
into:
- The Defendant has not served and filed a notice of intention to
defend;
- Defendant failed to serve and file a notice of intention to
defend timeously;
- The Defendant has failed to file a plea;
- Defendant entered a defective notice of intention to
defend.
The procedure
The Plaintiff will request in writing an application for default
judgment. This request must be in duplicate. Additionally, the
original summons, along with the sheriff's return of service
and documents on which the cause of action is based, must accompany
the request. It is important to remember that the Plaintiff may
only claim
