The above application is usually related to set aside a Judgment In Default which was entered against the Defendants by the Plaintiffs. This is a tricky area. Some Defendants will deliberately evade service of the Summons and when Judgment is entered against them, only then will they show their faces and claim then the Judgment was not entered properly and start quoting " ex debito justiciae - that they have the right to set aside the Judgment.
Tuesday, June 12, 2012
EX DEBITO JUSTITIAE DEFINITION
A matter ex debito justiciae is one which a litigant is entitled merely upon the asking for it; as opposed to something which may be a matter of judicial discretion or determination.
The above application is usually related to set aside a Judgment In Default which was entered against the Defendants by the Plaintiffs. This is a tricky area. Some Defendants will deliberately evade service of the Summons and when Judgment is entered against them, only then will they show their faces and claim then the Judgment was not entered properly and start quoting " ex debito justiciae - that they have the right to set aside the Judgment.
The above application is usually related to set aside a Judgment In Default which was entered against the Defendants by the Plaintiffs. This is a tricky area. Some Defendants will deliberately evade service of the Summons and when Judgment is entered against them, only then will they show their faces and claim then the Judgment was not entered properly and start quoting " ex debito justiciae - that they have the right to set aside the Judgment.
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