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WHAT HAPPENS DURING THE HEARING IF MORE THAN ONE DEFENDANT APPEARS ?

If 2 or more defendants appear separately or are separately represented, then

• where none of the defendants elects to adduce evidence, each of them shall state his or her case in the order in which his or her name appears on the record
• where each of the defendants elects to adduce evidence, each of them may open his or her case and the evidence on behalf of each of them shall be given in the order his or her name appears on the record and the speech of each of them closing his or her case shall be made in that order after the evidence on behalf of all the defendants has been given
• where some of the the defendants elects to adduce evidence and some do not, those who do not shall state their cases in the order above after the speech of the plaintiff in reply to the other defendants.

WHAT IS A JUDGMENT ?

Where a party wins, the result is confirmed by way of a judgment.

A judgment is a statement or decision made by the Court and it can be in favor of the plaintiff or the defendant.

Whenever the Court delivers a written judgment, the original or a copy thereof, signed by the Judge must be filed.

A judgment must be made in Form 76 (Judgments) and be marked with the name of the Judge or Registrar by whom it was made and must be sealed.

A judgment of the Court takes effect from the day of its date.

Where the judgment requires a person to do an act, the time after service of the judgment or some other time, within which the act is to be done must be specified.

However, where the judgment requires a person to pay money to some other person, given possession of any immovable property or deliver any movable property, a time within which the act is to be done need not be specified in the judgment even though the Court has the power to do so.