IDEAL FINANCE LIMITED (PLAINTIFF) vs. YH COMPANY LIMITED & 2 ORS. (DEFENDANT)

This is an application for Summary Judgment. I have read the application and the affidavits filed by the parties. Regard has been given to Order 14 rule 1 (1) of the (High Court Civil Procedure) Rules, 2004 (C.I. 47) for judgment in favour of Plaintiff against Defendant which provides that; “Where in an action a Defendant has been served with a statement of claim and has filed 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 on such a claim, or that the Defendant has no defence to such a claim or part of claim, except as to the amount of any damages.” Consideration has also been given to the principles governing the grant of applications of this nature. It is observed that the Defendant did not file any affidavit in opposition though Defendant was served on the 19th day of March, 2019. A brief summary of the facts giving rise to...