WOOD JA.: On 14 March 1997, the plaintiff-appellant (hereinafter referred to as the appellant) sued the defendant-respondent (hereinafter referred to as the respondent) for the sum of £8,995 said to represent the balance outstanding on money lent to her and interest thereon.
An application for summary judgment submitted after the respondent had duly filed a defence and counterclaim was dismissed by the learned trial judge on the ground that the respondent’s defence raises triable issues. Not being satisfied with this decision, the appellant appealed to us in this court on two grounds, the first being the original ground viz:
“The trial judge erred in law in dismissing the plaintiff’s application for summary judgment on the grounds that the defendant-respondent’s response raises triable issues when there was before the court, the defendant-respondent’s uncontroverted undertaking admitting the sum owed to the plaintiff-appellant, which error of law has occasioned the plaintiff appellant a…