THE REPUBLIC V. THE HIGH COURT AND AMALGAMATED BANK LIMITED EX PARTE: ALLGATE COMPANY LTD.

RULING

DR. DATE-BAH, J.S.C.

A bank, the second respondent, brought action against the applicant in this case and two others to recover a debt owed it. After the defendants had been served with the writ and they had entered appearance, the bank filed a motion for summary judgment against them on 6th December, 2007. The motion was fixed for hearing on 18th December, 2007 and the applicant was served with it on Wednesday 12th December, 2007. On 18th December, 2007, the bank moved its motion, in the absence of the applicant. The trial High Court, the first respondent in this case, granted the application on 28th February, 2008 and entered judgment in favour of the bank. The applicant's complaint is that the bank did not comply with the mandatory rule of procedure that there should be four clear days between the date of service of the motion for summary judgment and the return date. It contended that since the applicant was served on a Wednesday 12th December, the fourth clear day was 18th D…