- Flynote
- Civil Procedure
- Case summary
- The application was dismissed holding that there was no evidence on court file to indicate that third party proceedings were taken out in this case and thatthe named third party was ordered to file a defence, which they did not, and Hence cannot be held to be in default in failing to do so. Neither was a return ofservice filed. Moreover, no decree had been entered against the defendant yet. That a third party cannot be in default of defence unless he or she was ordered to file a defence and refused or failed to do so.
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