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Cases in respect of which summary judgment cannot be entered

Circumstances under which a summary judgment can be entered

Circumstances under which a summary judgment cannot be entered

Condition for a judgment to be obtained summarily

Conditions to be satisfied for a defendant to be granted leave to defend a claim under the summary judgment procedure

Considerations in an application for summary judgment

Distinction between liquidated money demand and unliquidated money demand

Duties of the court in an application for summary judgment

Duties of the plaintiff, defendant and the court under the summary judgment procedure

Duty of a respondent on whom a summons or summary judgment is served to file an affidavit; whether an affidavit is the only means of resisting the summons

Duty of the trial Judge in the summary judgment procedure

Effect of failure of the defendant to show a good defence under the summary judgment procedure

Effect of filing a reply by the plaintiff who has made an application for summary judgment

Grounds upon which a summary judgment application may be granted

How a defendant may show cause against an application for summary judgment

How principles of fair hearing are entrenched into the rules governing the entry of summary judgment

How the decision whether to enter judgment as a summary trial or to transfer to the general cause list is reached

How the power of the court under Order 14 rule 3(2) of CI 47 should be exercised where the defendant proceeds to show cause

Liquidated Money Demand

2 subsidiary principles

Meaning and purpose of the summary judgment procedure

Nature of defence that must be shown to warrant the transfer of a case to the general cause list

Nature of defence which must be shown by a respondent to a summary judgment application

Nature of the summary judgment procedure

Need for the defendant to show cause that he has a good defence to the action on its merits or disclose such facts as may be deemed sufficient to entitle him defend the action generally

Onus on the defendant before he will be given leave to defend an action

Principles governing the grant or refusal of an application for summary judgment

Procedure to be followed under summary judgment procedure

Procedure to be followed where a defendant files a counter-claim in a summary judgment

Proper approach in an application for summary judgment and the only point involved is the construction of a document which is capable of more than one meaning

Purpose of the Summary Judgment Procedure

Requirements for the court to proceed to summary judgment

Steps to be taken by a defendant who has a defence to the plaintiff's claim

The burden on a respondent in an application for summary judgment

The essence of the summary judgment procedure

The need for the plaintiff's claim to be clear on the face of an application for summary judgment

The principle to be applied in granting or refusing an application for summary judgment

The purport of the summary judgment procedure

The purpose of the summary judgment procedure under Order 14 of CI 47

The rationale behind the summary judgment procedure

The rule that an application for summary judgment should be granted with care

What a defence on the merits entails

What a defendant to an application for summary judgment must show

What must be satisfied for a defence to qualify for the grant of leave to a defendant to defend the action

What the affidavit attached to a Notice of Intention to Defend must contain

What the court should consider in granting an application for summary judgment

What the defence should show to establish a defence on the merits

What the statement of defence/depositions on oath in support of a notice of intention to defend must show

When a defendant's affidavit would be said to raise a triable issue

When a defendant will be given the opportunity to be heard on the merits

When a defendant will be said to have placed before the trial judge the necessary materials to enable the court determine whether or not to grant the application for summary judgment

When a matter will be transferred to the general cause list

When an application for summary judgment procedure under Order 14 of CI 47 will be refused

When an application for summary judgment will be granted

When a plaintiff may file an application for summary judgment

When is a triable issue disclosed by the depositions in an affidavit in support of a notice of intention to defend?

When the defendant should be granted leave to defend an action under the summary judgment procedure

When the defendant will be granted leave to defend

When the summary judgment procedure can be employed

When the summary judgment procedure will avail

Whether a case is transferable to the general cause list as a matter of course

Whether a claim under summary judgment procedure is limited to liquidated money demand

Whether a court can enter summary judgment where the defendant has filed a defence

Whether a defence can be filed in opposition to an application for summary judgment

Whether a defendant can apply for a summary judgment

Whether a defendant to an application for summary judgment must show a defence on the merits

Whether a defendant who accepts absolute liability for the amount in dispute can be said to have a defence to the action

Whether a defendant who files an affidavit in answer to an application for summary judgment but does not attend the hearing of the application can complain that the judgment rendered by the court is on account of his absence

Whether a judgment under the summary judgment procedure is appropriate where the defence raises a triable issue

Whether a mere denial of indebtedness constitutes a good defence under the summary judgment procedure

Whether a mere denial of indebtedness or excuse for non-payment of a debt is a triable issue

Whether an affidavit sworn to by a deponent who does not have personal knowledge of the facts can be used to found jurisdiction for entry of summary judgment

Whether an applicant for summary judgment needs only swear to an affidavit

Whether an application for summary judgment can be granted by the court where the action does not fall within the general term of cases under rule 12 of Order 14

Whether an application for summary judgment can be granted on the defendant's admission of liability

Whether an application for summary judgment can be granted where the defendant has filed a statement of defence

Whether an application for summary judgment will be granted where a sole reliance on affidavit evidence will not suffice to determine matters conclusively

Whether an application for summary judgment will be granted where the court has to resort to viva voce evidence

Whether an application for summary judgment will be granted where the defence is a sham defence

Whether a party who sued the wrong party will be entitled to summary judgment

Whether a plaintiff is entitled to summary judgment where the claim is for declaratory reliefs

Whether a reply to the statement of defence is required in the summary judgment procedure

Whether a separate application for dismissing an application for summary judgment is required

Whether a suit can be determined summarily where the defendant has disclosed a defence on the merit

Whether a summary judgment entered where the defendant failed to disclose his defence is valid

Whether a summons for judgment can be taken out under Order 14, r. 2 of L.I. 1129 where a writ of summons is specially indorsed for liquidated amount of money

Whether damages can be awarded in an application for summary judgment

Whether, in an application for summary judgment on a specially indorsed writ, the deponent must have first-hand knowledge of the facts in which the claim is based

Whether, in an application for summary judgment, the court is debarred from looking at the statement of defence of a respondent who did not file an affidavit in opposition to the summons

Whether it is necessary for the court to decide whether a defence has been established in determining whether the defendant has a good defence to the action

Whether oral evidence is required in summary judgment procedure

Whether parties can file “further affidavit.” “supplementary affidavit” and “second supplementary affidavit” in an application for summary judgment

Whether the affidavit in support of a summary judgment application can supplement the statement of claim

Whether the court can enter summary judgment where a defence has been filed

Whether the court can enter summary judgment where there is a triable issue

Whether the court can entertain an application for summary judgment where the defendant has filed a defence to the action

Whether the court can take an objection to jurisdiction and an application for summary judgment at the same time

Whether the defendant can rely on its pleadings for evidence in rebuttal of facts in support of an application for summary judgment

Whether the delivery of a defence prevents a plaintiff from applying for summary judgment

Whether the fact that a respondent fled a statement of defence is enough to entitle him to be allowed to defend the action

Whether the plaintiff can file an application for summary judgment after the defendant has entered appearance

Whether there is a distinction between a defence on the merits and a defence that raises a triable issue

Whether the summary judgment procedure applies where there is an allegation of fraud

Whether the summary judgment procedure is appropriate for a claim not being for recovery of debt or liquidated money demand

Whether the time interest is to run raises a triable issue and cannot be determined on affidavit evidence

Whether the trial judge can take viva voce evidence in an application for summary judgment

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