FIRST NATIONAL SAVINGS & LOANS COMPANY LIMITED vs. PRUDENT EXPORT LIMITED

i. Introduction: [1] Against the backdrop of this Court’s ruling delivered on December 17, 2018 pursuant to the Defendant/Applicant’s application for Stay of Execution and to Set Aside Execution of Judgment, the Plaintiff has brought the instant application for the consideration by the Court. In considering the application for stay of execution and to set aside, the Court relied on Order 7 Rule 5 (1) of C.I. 47 and Section 263 of the Companies Act, Act 179 to set aside the Entry of Judgment filed and served. The Court reasoned that the service of the entry of judgment was not in compliance with the law and the rules of Court. At paragraph 33 of the ruling the Court held that: “In my view after obtaining the judgment, the Plaintiff and in particular Counsel had a responsibility to ensure that the rules of service are complied with in executing the judgment. If the service of the Entry of Judgment which is the precursor to enforcing the judgment was not proper, all other step...