JUDGMENT
BY COURT: RULING
In the motion on notice, for an order to set the writ of summons and statement of claim aside, Defendant/Applicant’s lawyer cited, ORDER 9 Rule 8(a) of C.I. 47/04, as the relevant rule of Court, under which he was proceeding.
“A defendant may at any time before filing Appearance, or if the defendant has filed a Conditional Appearance within fourteen days after filing Appearance, apply to the Court for an order to:
(a) Set aside the writ or service of the writ …”
The record showed that the defendant [herein after called applicant] filed Notice of entry of Conditional Appearance on 13/02/2019.
That same day, applicant filed the application, under consideration.
This means that he has complied with the time lines stated in ORDER 9 Rule 8(a).
The reasons in support of the application as could be gleaned from the affidavit in support is that, plaintiff per EXHIBIT ‘A’, which is an order for substituted service, dated 18/09/2018, was to post a writ of summons and statement…