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Civil Procedure [2023] EACJ 11

Yu Sung Construction Limited v Attorney General of the Republic of South Sudan (Appeal No. 11 of 2022)

Yu Sung Construction Limited v Attorney General of the Republic of South Sudan (Appeal No. 11 of 2022) [2023] EACJ 11 (27 November 2023) (Appellate Division)

The Appellate Division held that the consent judgment purportedly entered on 26th November 2020 was invalid because it was not sanctioned by a properly constituted quorum of the Trial Court as required by the Court Rules. There were no judicial proceedings or orders supporting the decree, and the Registrar's signature alone could not validate it. The doctrines of res judicata, functus officio, and approbation and reprobation did not apply because there was no valid judgment. The Trial Court was correct to set aside the consent judgment and to allow the respondent to file its response, as the…

  • Consent Judgments
  • Review Of Judgments
  • Jurisdiction Of Regional Courts
  • Representation Of States
  • Procedural Irregularities
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