GRESS PANARIA PORTUGAL S. A. (PLAINTIFF) vs. SAMODA INVESTMENT CO. LTD & ANOR. (DEFENDANTS)

This is an application for Summary Judgment. I have read the application and the affidavits filed both parties in support and in opposition to its grant. I have also read the written submissions filed by both Counsel. Regard has also been given to Order 14 rule 1 of the High Court (Civil Procedure) Rules, 2004 C.I. 47 which provides that: “where in an action a Defendant has been served with a Statement of Claim and has filed an appearance, the Plaintiff may on notice apply to the Court for Judgment against the Defendant on the ground that the Defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or that the defendant has no defence to such a claim or part of a claim, except as to the amount of any damages claimed.” The Supreme Court in the case of SAM-JONAH v DUODU-KUMI [2003-2004] SCGLR 50 elaborating on the objective of Order 14 rule (1) of C.I. 47 stated: “The objective of Order 14 is to facilitate the early conclusion o...