Abba Emmanuel Chima

The plaintiffs brought a motion for leave to appeal an order that set aside a judgment obtained after the defendants failed to attend trial.

The plaintiffs argued there was a conflicting decision and good reason to doubt the correctness of the order under Rule 62.02(4) of the Rules of Civil Procedure.

The Divisional Court dismissed the motion, finding that the motion judge properly exercised his discretion under Rule 52.01(3) to set aside the judgment on terms, and there was no conflicting decision or reason to doubt the order's correctness.