David v. Choksy – sllr 1996 volume 1 page 302

In the case between David (Plaintiff) and Choksy (Defendant), the court addressed whether the duty to notify the parties or their attorneys-at-law of the judgment delivery date was breached, and whether the Defendant was prevented by causes beyond control from complying with the procedural requirements under sections 754 and 756 of the Civil Procedure Code. It was held that the appeal should be allowed, with the order of the Court of Appeal being set aside and the Defendant’s petition of appeal admitted. The principle reaffirmed was that the court has a mandatory duty to announce the date of judgment in open court under section 184(1) of the Civil Procedure Code, and parties cannot be expected to ascertain such dates independently. This decision was based on procedural fairness, emphasizin