Ngirchokebai v Santos [1967] TTLawRp 20; 3 TTR 337 (13 November 1967)

3 TTR 337

AICHI NGIRCHOKEBAI,
Plaintiff

v.

SANTOS,
Defendant

Civil Action No. 369
Trial Division of the High Court
Palau District

November 13, 1967

Hearing on motion for default judgment for failure of defendant to answer or appear, in which defendant's counsel claims he is not prepared to defend against. Plaintiff's claim having been retained only one week previous to hearing. The Trial Division of the High Court, Associate Justice D. Kelly Turner, held that defendant's failure to answer complaint or retain counsel until after entry of default will not excuse the default, and that defendant may contest only amount of recovery claimed by plaintiff.

1. Judgments - Default

Defendant's failure to answer civil complaint or to retain counsel to represent him until after entry of default does not excuse default.

2. Judgments - Default

Where default judgment is entered against defendant for failure to appear or answer civil complaint, defendant's only interest is then to fend against amount claimed and not against his liability under the claim.

3. Judgments - Default

If defendant answers civil complaint at any time prior to entry of default, he is permitted to contest claim as well as amount.

4. Judgments - Default

Failure of defendant to timely obtain counsel to appear in civil action is not grounds for setting aside default.

5. Judgments - Default

Once default in civil action has been entered in docket, unless good cause is shown for setting it aside, plaintiff may proceed with establishment of amount of his judgment.

6. Judgments - Default

Where default judgment is entered in docket in civil action, plaintiff's only obligation is to prove amount to which he is entitled.

7. Judgments - Default

In interests of fairness and justice, court will permit defendant who is in default to contest amount of recovery claimed by plaintiff although procedure is not strictly in accord with practice followed in United States.

Assessor: JUDGE PABLO RINGANG
Interpreter: SINGICHI IKESAKES
Counsel for Plaintiff: WILLIAM O. WALLY
Counsel for Defendant: MOSES MAKOLL

TURNER, Associate Justice

OPINION