[1] This appeal arose from the claim for damages for the injuries sustained by the Appellant/Plaintiff as a consequence of a road accident, against the Respondent/Defendant wherein a default judgment of appearance dated 26 August 2010 and a judgment on damages dated 24 November 2010 had been entered in favour of the Appellant/Plaintiff. However, upon an application by the Respondent to set aside the judgment on damages, the learned Sessions Judge had set aside the default judgment. Hence, Appellant appealed.

The Issues On Appeal

[2] Appellant had raised 3 issues in this Appeal. Firstly, Respondent's Application was to set aside the Judgment on damages dated 24 November 2010 whereas Respondent should have applied to set aside the Default Judgment dated 26 August 2010 which if Respondent were to succeed, it would have automatically rendered the subsequent Judgment dated 24 Novem