The present application to strike out the Defendant’s defence and for judgment to be entered for the Plaintiff was filed on 15th January 2019. Subsequent to this application, the Defendant applied on 5th March 2019, for leave to amend its defence, obviously provoked by the earlier application filed on the 15th of January, 2019.
I will deal with the application for leave to amend the Defendant’s defence first before proceeding to address the present application before this Court.
In the application to strike out the Defendant’s statement of defence, the Plaintiff’s plaint, amongst others, relates to paragraph 3 of the statement of defence, that is, the application attacks averments contained in the said paragraph 3 of the defence. Paragraph 3 of the statement of defence states as follows:
The Defendant denies Plaintiff’s paragraphs 4, 5, 6, 7, 8, 9 and 10 of the Statement of Claim and further say that they have made substantial payments of the goods supplied and do not …