I sued a company in the Resident Magistrates Court, and the case proceeded without the defendant appearing. It is strange that, when delivering the judgment, the Court did not rule in my favour on the grounds that I did not sufficiently prove my case. Was this proper? Was the Court not supposed to believe me and judge in my favour as the defendant said nothing and called no witnesses as it wasn’t present?
26 March 2012
It is a matter of law that every claim in a civil suit must be proved on the balance of convenience. Perhaps you did not establish your claims to the required standards. We cannot, in this instance, fault the Court as we do not know what testimony you gave and how the Court evaluated the evidence. This can only be done by examining the judgment.
Simply because you had an ex parte hearing does not mean you must win the case. It is tantamount to kicking a penalty in an empty goal, where the chances of missing still exist.