There is a saying that ignorance of the law is no excuse and this is what a farmer recently found out when a default judgment for $60,000 was entered against him.

The farmer is denying he owes the money but the problem he faces is that he did not file a defence when he was sued by his neighbour.

"In April last year, my neighbour complained to me that my cows and goats went on to his property and destroyed and ate some of his crops, the farmer said.

"I asked him if he saw my animals and he said yes because he chased them back on to my land. I told him I was not the only person with animals in the area, so he could not be certain that they were my animals.

no proof

"My neighbour came back to me a few days later, saying he valued the crops and trees that were destroyed and the value was $60,000. I told him that I was not paying for any damage because he had no proof that my animals damaged his crops.

"He began cursing me and saying I was unfair and he was going to sue me. I asked him why he did not pound the animals when he saw them on his land because that is the only way he could prove the ownership of the animals.

"I even pointed out to him that cows, goats and pigs were always straying in the area and any of those animals could have destroyed his farm. He said he knew my animals and he was the one who ran them back on to my property and locked the gate. I even asked him if he had a witness to back him up that they were my animals and he said he did not need a witness because he saw the animals. I went across to his farm and noticed that animals had eaten some of the peppers, corn , sugar cane and cabbage. I even pointed out to my neighbour that some of the crops were rooted out and only pigs could have done such damage. My animals did not damage his crops but my neighbour was just looking for someone to pay for his crops.

document

"I was at home in July when my neighbour and his friend came with a document from the resident magistrate's court saying he was suing me for $60,000. I told him that no court could order me to pay him because he had no proof that my animals damaged his crops.

"Last month, I was at home and my neighbour and his friend returned with a document stating that judgment was entered against me in the sum of $60,000. I was very shocked because I could not believe that a judge could order me to pay when I did not get the opportunity to defend the case."

A person who is sued should enter an appearance in the case and file a defence within the specified time endorsed on the claim form. If you read the document, you would have seen the instructions on it telling you how to proceed as a defendant in in the matter. The Civil Procedure Rules make provisions for a default judgment to be entered against a defendant who has been sued and refuses to file a defence to the suit.