This is an appeal from the judgement of the Court of Appeal, delivered on July 26th, 2001, which:—
a) granted the appeal of the Respondent herein,
b) set aside the High Court’s summary judgement and orders in suit no. 855/97,
c) dismissed the Appellant’s application for Summary Judgement and
d) granted to the Respondent leave to defend the action in the High Court.
Aside from the usual ground that the judgement of the Court of Appeal was against the weight of the evidence, the main ground for the appeal herein is that:—
The Court of Appeal erred in law by dismissing the Appellant’s application for Summary Judgement and granting the Respondent leave to defend, when the defence filed by the Respondent clearly showed that he had no defence in law and no possibility of a real defence on the questions of fact.
The application on which the High Court made its decision was brought under Order 14 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), as amended by L.…