[2015]DLHC7259 • December 17, 2015 • High Court
GANDY DIGITAL NV (PLAINTIFF) vs. GRAFTEC LTD (DEFENDANT)
The main issue requiring my adjudication in this application is as to whether or not the plaintiff is entitled to summary judgment on its reliefs (a), (b) and (C) as contained in their writ of summons. A brief fact of the case is that the parties entered into some form of agreement whereby the plaintiff supplied printing inputs to the defendant. Upon the delivery of some printing input to the defendant by the plaintiff on the 8th March, 2012 and 20th December, 2012, the parties are not ad idem on the type of input and its quality delivered. Furthermore, there is a dispute arising out of the total amount outstanding. These matters frosted the relationship between the business partners. I have read the application and the affidavits filed by the parties. I have also examined the documents annexed to the affidavits. I have given thoughtful consideration to the High Court (Civil Procedure) Rules, 2004 (C.I. 47) and the principles governing the grant or otherwise of summary judgment....