SINAPI ABA SAVINGS & LOANS LTD. vs. DUBAPHARMA CO. LIMITED & 2 ORS.

An action was commenced by the Plaintiff Bank against the Defendants herein for the recovery of the outstanding balance on a loan facility extended to the 1st Defendant, acting through the 2nd Defendant. The 2nd and 3rd Defendants were the guarantors under the loan agreement. By the time the trial commenced, the principal amount and interest up to the maturity date had been paid off, albeit long after the agreed due date. It is based on this fact that the Plaintiff is calling on the Defendants to pay the interest which accrued after the maturity date. Even though the 3rd Defendant had been coming to court, it turned out that the writ of summons and statement of claim were only served on him just before the trial. Besides, the 3rd Defendant did not file any pleadings. This being a court of record, the filing of pleadings is mandatory. V.C.R.A.C. Crabbe J.S.C. underscored the functions and importance of pleadings in Hammond v Odoi (1982-83) GLR 1215 at 1235 thus: “Pleadings are the .....