RULING
INTRODUCTION
Order 23 r. 6(2) of the High Court (Civil Procedure) Rules, 2004, CI 47 provides that:
“(2) Where an admission of the truth of a fact or the authenticity of a document is made by a party in a pleading or is made or deemed to be made by a party in response to a request to admit, any party may apply by motion to the Court or to the Judge for such order as the party may be entitled to on the admission without waiting for the determination of any question between the parties, and the Court or the Judge may make such order as is just”.
Following the plaintiff/respondent’s failure to respond to the defendant/applicant’s request to admit facts within 14 days as required by the rules of court, the defendant/applicant has taken advantage of the above-mentioned provision and mounted the present application for an order to dismiss the action. The grounds for the prayer are set out in the affidavit accompanying the motion paper. The plaintiff/respondent has opposed the grant of th…