It is stated under Order 14 Rule 1 of the High Court (Civil Procedure) Rules that:
“Where in an action a defendant has been served with a statement of claim and has filed appearance, the plaintiff may on notice apply to the Court for judgment against the defendant on the ground that the defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or that the defendant has no defence to such a claim or part of a claim, except as to the amount of any damages claimed”.
Plaintiff/Applicants have mounted this application for summary judgment contending that the Defendant/Respondent has no defence to the action. 1st plaintiff claim, on the endorsement on the writ claim that defendant is indebted to it to the tune of USD$13,365.28 whiles 2nd plaintiff claims an amount of USD$10,432.32 together with interest.
The factual basis of this application can briefly be stated as follows: 1st Plaintiff responded to the promotion of defendant by applying to purchase a…