The Court found that the hearing date of 8 October 2019 was fixed in the presence of the Respondent's advocate, and there was no affidavit from the advocate on record or the advocate who held brief explaining the circumstances of representation or notification. The Court concluded that it could not accept the Respondent's claim of lack of notice or inability to attend. The Respondent failed to provide sufficient grounds or credible evidence to justify the exercise of the Court's discretion to set aside or review the judgment. The Court further clarified that it was not within its province to re-examine the evidence or factual conclusions made by the trial Judge. Accordingly, the Motion was dismissed with costs.