R U L I N G
The motion to sign summary judgment was filed on 06/06/2018, there is an affidavit in support and annexures.
It is applicant’s case that an overdraft facility has been given to Respondent who has not paid back the debt even though there have been repeated demands on them to pay.
I have heard submissions made by Counsel as he moved the Court for summary judgment to be entered in Applicant’s favour. I have also perused the deposition and annexures. But to come to a decision, there are important principles established through case law, which are applicable to these facts put before the Court.
The Defendant who has established in the affidavit evidence or otherwise, a fair case for defence or reasonable grounds for setting up a defence or a fair probability of a bona fide defence that relate to questions of fact and law raised and situation where interpretation of documents are required for the understanding of whether a defence exist, that Defendant may be gi…