This is an interlocutory appeal brought by the Plaintiff/Appellant against the ruling of the trial High Court to the effect that this is not a proper case where the Plaintiff/Appellant Civil Motion can secure summary judgment under Sections 1 and 2 of Order 14 of the High Court (Civil Procedure) Rules, 1954 (LN 140A) as amended by LI 1129.
To obtain judgment under this Order the applicant is required as of jural necessity and prerequisite to state the following facts in his summons:—
(1) The reliefs sought by him;
(2) An affidavit verifying the facts on which his claim or part of it is based; and that
(3) In his relief the default has no defence to his claim or part thereof.
The appellant had no difficulty in stating the relief under (1) and (3) above. He is seeking the recovery of US $10,000 being as he stated in both the indorsement to his writ and summons for summary judgment "long outstanding overseas per diem allowance due from Defendant to plaintiff during his employment w…