Gopal Sri Ram JCA:

[1] The first appellant before us (first defendant in the court below) entered into a time charter with the respondent (plaintiff in the court below). The time charterparty was in respect of a vessel known as "the MV Mreznica" and was for a period of three months and fifteen days commencing 11 August 1988. The charter payable was US$4,500 per day. The first appellant then nominated the second appellant (second defendant in the court below) to have the use of the vessel under the aforesaid time charter. However, the first appellant undertook to be answerable for all acts of default occasioned by the second appellant under the time charter. Later, the respondent furnished an account of all sums due under the contract contained in the time charter. There was default in payment and the respondent therefore instituted proceedings against both appellants to recover the sum of US$155,239.80.

[2] The writ was issued on 11 August 1993. The appellants entered an appearance to the writ. They then delivered their defence on 29 September 1993. On 23 February 1994 the respondent took out a summons for judgment under O 14 of the Rules of the High 1980 ('the Rules'). The