Section 16: When defendant does not appear

16. When defendant does not appear (1) Where on the day so fixed in the summons, or at any continuation or adjournment of the Court or cause in which the summons was issued, the defendant does not appear, or does not sufficiently excuse his absence, the Court, upon the proof of the service of the summons, may give judgment in terms of the plaint or, where the cause includes a claim for substantial damages, proceed to the hearing of the witnesses and trial of the cause on the part of the plaintiff only, and in either case, the judgment shall, subject to subsection (2), be as valid as if both parties had attended. (2) In any case in which judgment has been so given in the absence of the defendant, the Court may, at the same or any subsequent sitting and on proof that he did not receive service of the plaint with summons or on other sufficient cause shown, set aside the judgment and order a new trial of the cause of action upon such terms, including the payment of costs or the giving of security for debt or costs, as the Court may determine. [S. 16 amended by Act 4 of 1999.]