EXPLAINER: What happens next in the $1.4 million compensation case?

An advocate and legal researcher says the Ministry of Defence and Veterans’ Affairs can challenge a court judgment delivered in its absence, while the two plaintiffs may seek enforcement if the ruling remains valid and enforceable. A court in Juba has ordered the ministry to pay more than 1. 4 million US dollars in compensation to two plaintiffs for injuries, property losses and psychological harm suffered during the November 2024 armed confrontation at the residence of former intelligence chief, General Akol Koor. The judgment was delivered by Presiding Judge Ajok Tito Tilar in a lawsuit filed by Advocate Manawa Gabriel Mokwej and Agum Andria over the incident on November 21, 2024. The ministry was not represented in court when the judgment was delivered.

With the ruling now issued, questions remain about whether the ministry can challenge it, what happens if it fails to pay and how the two plaintiffs can enforce the court’s decision. Speaking to Eye Radio on Friday morning, advocate and legal researcher Santio Daniel explained the legal procedures available to both parties. Can a court deliver judgment when the defendant is absent? South Sudan’s Code of Civil Procedure Act, 2007, allows a court to proceed with a civil case in the defendant’s absence if there is evidence that the summons was properly served. Section 60(1) provides 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 hearing must also be postponed if the defendant was not given sufficient time to appear and respond. The law also provides an opportunity for a defendant to challenge a judgment delivered in their…