NAMOUK ENTERPRISE vs. GN BANK LTD. & 2 OTHERS

Before me is a Motion to set aside the Judgment on Admission granted by this Court, differently constituted, and delivered on September 5, 2017 in favour of the Plaintiff/Respondent, referred to hereafter as the “Respondent” against the 2nd Defendant/Applicant, who hereafter is referred to as “Applicant”. Detailed in the affidavit accompanying the motion paper are the following facts, which, according to the Applicant gave rise to the instant application. On August 30, 2017, the Applicant was served with a Motion for Judgment on Admission filled by the Respondent with a return date of September 4, 2017. It is the claim of the Applicant that in view of the short service of the motion on it, coupled with the fact of the indisposition of its counsel handling the brief, its counsel by a letter dated August 31, 2017 requested the Court to adjourn the matter to September 19, 2017, to enable it respond to the application appropriately. The said letter was copied to the counsel of t...