PAA SOLO COMPANY LIMITED vs. NAJA DAVID VENEER & PLYWOOD AND ANOTHER

Order 1 rule 1(2)of the High Court (Civil Procedure) Rules, 2004 (CI 47) provides: “These Rules shall be interpreted and applied so as to achieve speedy and effective justice, avoid delays and unnecessary expense and ensure that all matters in dispute between the parties may be completely, effectively and finally determined and multiplicity of proceedings concerning any of such matters avoided.” Order 58 rule 3 (2) of CI 47 also provides: “An application for summary judgment or judgment on admissions shall not be filed until after the pre-trial settlement conference.” In this application for judgment on admission, counsel for the applicant is inviting the court to enter judgment in favour of the applicant based on admissions made by the defendants/respondents in their statement of defence. Counsel acknowledges that the case has not gone through the pre-trial settlement conference which per Order 58 rule 3(2) is a prerequisite to the application. Counsel, however, submits t...