A court in Juba has ruled that the Ministry of Defence and Veterans' Affairs must pay over $1.4 million in compensation to two plaintiffs, Advocate Manawa Gabriel Mokwej and Agum Andria. The judgment was delivered by Presiding Judge Ajok Tito Tilar in a lawsuit filed over the November 21, 2024, armed confrontation at the residence of former intelligence chief General Akol Koor. The ministry was not represented in court when the judgment was delivered.
According to South Sudan's Code of Civil Procedure Act, 2007, a court can proceed with a civil case in a defendant's absence if there is evidence that the summons was properly served. Section 60(1) of the Act states that when a defendant fails to appear after being properly summoned, the court may hear the case and deliver judgment in their absence. However, if the summons was not properly served, the court must adjourn the case and order another summons.
The law also provides an opportunity for a defendant to challenge a judgment delivered in their absence. Under Section 60(3), a defendant may apply to the court that issued the judgment to have it set aside within 30 days of notification. The court may grant the application if the defendant establishes that the summons was not properly served or that there was insufficient time to appear before the court.
Advocate and legal researcher Santio Daniel explained that the Ministry of Defence and Veterans' Affairs can pursue available legal remedies, depending on the nature of the judgment and the applicable legal procedures. A party dissatisfied with an ordinary judgment may appeal within the prescribed period, while a party against whom a default judgment has been issued may apply to have it set aside.
If the Ministry of Defence fails to pay, Section 223 of the Code of Civil Procedure Act provides for the enforcement of court judgments against government institutions. The matter must be reported to the President of the Supreme Court if a decree against a government institution remains unpaid within the specified period. Execution of the decree cannot be issued until three months have passed from the date of that report.
The two plaintiffs can apply to the court that issued the judgment to begin enforcement proceedings if it remains valid and enforceable. Section 216 of the Code of Civil Procedure Act provides for a decree holder to apply for execution of a judgment, stating the details of the case, the outstanding amount, and the method of enforcement being sought.
Key points
- The Ministry of Defence and Veterans' Affairs has 30 days to challenge the judgment delivered in its absence.
- The court's decision can be enforced against government institutions under Section 223 of the Code of Civil Procedure Act.
- The plaintiffs can apply for execution of the judgment under Section 216 of the Code of Civil Procedure Act.
