BENJAMIN LEONARD MACFOY V. UNITED AFRICA COMPANY LIMITED

JUDGEMENT DELIVERED BY ALFRED THOMAS, THE LORD DENNING

The question in this case is: what is the effect of delivering a statement of claim in the long vacation?

In Sierra Leone the long vacation runs from 15 July to 15 September. On 16 August 1958, during the long vacation, the United Africa Co Ltd issued a writ in the Supreme Court of Sierra Leone against B L MacFoy. It was indorsed with a claim for £5,690 15s 9d for goods supplied. It was duly served, and on 2 September 1958, the defendant entered an appearance. On 5 September 1958, still during the long vacation, the plaintiffs delivered and filed a statement of claim in which they alleged that the defendant was indebted to them in the sum of £5,690 15s 9d for oil products supplied to him, which he had sold to the public and had not paid for. The long vacation ended on 15 September 1958. More than ten days elapsed thereafter and no defence was delivered by the defendant. On 29 September 1958, the plaintiffs signed judgment against th…