Partition Settlement Agreement With Consent Judgment In King
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FAQ
362. -(1) Every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every petition shall, unless the High Court otherwise directs, be accompanied by a copy of the proceedings judgment or order appealed against.
For a consent judgment, there is nothing to be appealed against as it is not something that had been decided by the court. It is essentially a contract with the command of court. The basis of a consent judgment is the existence of an agreement. Without an agreement, there will be no consent judgment.
It is basically an order or judgment based on a settlement or agreement of parties. In practice, normally, a consent judgment is entered after a successful mediation.
A consent judgment is a settlement between two parties meant to end a dispute. In the insurance industry, consent judgments include an admission of the insured's liability, along with a covenant for the claimant: they agree not to execute or collect against the insured defendant.
“A federal consent decree must spring from, and serve to resolve, a dispute within the court's subject-matter jurisdiction; must come within the general scope of the case made by the pleadings; and must further the objectives of the law upon which the complaint was based.” Id.
Contents of a judgment:- ( i) 1 In all cases a judgment must be drawn up containing (1) the point or points for determination, (2) the decision thereon, and (3) the reasons for the decision. In case of a conviction, the judgment should separately indicate the offence involved and the sentence awarded.
A Summary Judgment application, pursuant to Order 14 Rule 1 of the Rules of Court 2012, is one of the most common interlocutory application. If successful, the Plaintiff would have a judgment against the Defendant(s) without the need for a trial. This would save the Plaintiff's (as well as the Court's) time, and costs.
What is a Judgment in Default? As previously mentioned, under the Rules of Court 2012 (“the ROC 2012”), a Defendant shall enter appearance within fourteen (14) days from the date of service, failing which a Judgment in Default of Appearance may be entered against him/her.
