PROGRESSIVE IMPORTS & EXPORTS SHIPPING LTD. vs. MUELLER

On 16 January 1989, I dismissed the defendant’s application to set aside the summary judgment entered against the defendant on 30 June 1987. And this is my ruling. On 30 June 1987, a summary judgment was entered against the defendant under the new Order 14, r. 1 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) as amended by the High Court (Civil Procedure (Amendment) (No 2) Rules, 1977 (L.I. 1129). The summons for summary judgment was filed on 12 May 1987. On 30 June 1987, the application came up for hearing. Counsel on either side was present, and counsel for the defendant orally submitted to judgment. Judgment was therefore accordingly entered for the plaintiff against the defendant by Lamptey J. (as he then was). It was against that summary judgment that the instant application was brought, seeking to set it aside upon a number of grounds. Four main grounds were discernible: That the defendant has a good defence to the action; that it is necessary to set aside the jud.....