1. I have considered the application dated 3rd June 2024 and 1st June 2024 together with the reply sworn in opposition to the same on 19th June 2024, the submissions of the parties and the applicable law.
2. I have noted that there are several irregularities in the manner the interlocutory judgment was issued.
3. The irregularities extend to the amounts that were ordered in the interlocutory judgment in comparison to the sums demanded by the Plaintiff in its demand letter.
4. Further, there are questions arising as to whether all the parties were duly served prior to the entry of judgment against them. This is a serious allegation given that the judgment issued held all the parties jointly and severally liable.
5. I am of the view that the factual circumstances are such that it is not entirely clear if all the parties were afforded an opportunity to be heard prior to entry of judgment against them. Out of abundance of caution, I am of the view the parties ought not be deprived of such an opportunity unless clear prejudice arises on the part of the Plaintiff.
6. I do not think such prejudice will arise because, in any event, there are allegations that have not been disputed, that the claim is not for liquidated damages and ought to have therefore be set down before the court for assessment of damages. That has not been done to date.
7. Based on the above, I do not think that undue prejudice would be occasioned by the Plaintiff by setting aside the interlocutory judgment and I hereby set aside the same.
8. Finally, I note that the application to set aside the interlocutory judgment was not made after excessive delay. Interlocutory judgement was entered on 8th August, 2023 and the entry of judgment was brought to the attention of the applicants on 16th May, 2024.
9. The applications to set aside the same were thereafter made on 1st June 2024 and 3rd June 2024. To my mind the same were made in good time, and the parities ought to be afforded their day in court the defend the various claims against them.
10. I find that the said applications are with merit and the same are allowed save that each of the parties shall bear their own costs.
11. The Defendants are granted leave to file and serve their Defences within the next 14 days.