“It seems to me that where a defendant though in default appears before the Court and indicates that he has a defence, and shows the Court what that defence is, then if the defence disclosed has
merits, and the plaintiff can reasonably be compensated by costs for the delay, it is proper for the Court to take steps to try the
case upon the merits, both sides being given a hearing. There are a number of English cases which indicate how slow the Court should
be to shut out a defendant who, though in default, has shown a defence and seeks to defend.” and “In my view that is not the sole matter which must be considered in cases of this kind. The nature of the action should be considered,
the defence if one has been brought to the notice of the Court, however irregularly, should be considered, the question as to whether the plaintiff can reasonably be compensated by costs for any delay occasioned should
be considered, and finally I think it should always be remembered that to deny the subject a hearing should be the last resort of a Court.”[Emphasis is
In this vein I will allow the Defendant to defend this suit but award costs fixed at Shs. 200,000/= to the Plaintiff in any event.