[2008]DLSC6764 • June 16, 2008 • Supreme Court •
THE REPUBLIC vs. THE HIGH COURT AND AMALGAMATED BANK LIMITED EX PARTE: ALLGATE COMPANY LTD.
The second respondent bank sued the applicant and others to recover a debt. After service and appearance, the bank filed a motion for summary judgment fixed for hearing on 18th December 2007. The applicant was served on 12th December 2007. The bank moved the motion in the applicant's absence on 18th December 2007. The High Court granted summary judgment on 28th February 2008. The applicant contended that the motion was improperly moved on the return date without the mandatory four clear days' notice, rendering the judgment null and void.
read moreDR. 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 Decem...