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The instant application seeks an order of the court to enter summary judgment in favour of the applicant against the respondent. The application is premised upon a writ of summons and a statement of claim filed by the plaintiff in which the plaintiff claims against the defendant the sum of $19,217.00 together with interest and the judicial sale of property used as security for a facility made available to the defendant by the plaintiff.
After the defendant had filed his defence, the parties, in accordance with Order 58 of the High Court (Civil Procedure) Rules, 2004, CI 47 went through the mandatory pre-trial settlement but could not settle the matter. Thereafter, the pre-trial judge set down the issue “whether or not the plaintiff is entitled to the reliefs claimed in the writ of summons” for trial.
It was after all these steps have been gone through that the plaintiff filed the instant application for summary judgment against the defendant.
The defendant/respondent who is opposed to th…