On 11 May, 2021, the Plaintiffs/Applicants (hereinafter called the Applicants) filed a motion on notice for summary judgment under Order 14 of C.I. 47. The Applicants per their motion paper are praying the Court for summary judgment against the Defendants/Respondents (hereinafter called the Respondents) on the grounds, that the Respondents have no defence to the action. The Applicants supported their motion with affidavits and exhibits. The Respondents resisted the application by filing affidavit in opposition. They prayed the Court to dismiss the application because, they have defence to the Plaintiffs action.
Counsel for both parties’ filed their respective legal submissions for and against the application. It is now my duty to make a determination one way or the order in this application. The purpose of summary judgment under Order 14 of C.I. 47 is to allow a Plaintiff to obtain judgment summarily without necessarily going through trial, in a situation where the Def…