WINDWORTH HOLDINGS (PTY) LTD. vs. DUPAUL WOOD TREATMENT (GH) LTD

GBADEGBE, JSC:- We have before us an appeal from the decision of the Court of Appeal, which upheld the judgment of the trial High Court in favor of the plaintiff for summary judgment against the defendant on part of the claim. The defendant’s main complaint before us relates to the refusal by the trial court to grant him leave to defend the action and arising therefrom the award of a figure different from that endorsed on the writ of summons. In these proceedings, for reasons of consistency, I shall refer to the parties by the designation that they bore in the trial court. By the judgment of the Court of Appeal, the position was reiterated that the defendant’s statement of defence by which she sought to show cause against the application for summary judgment disclosed no triable issues. Before proceeding with the appeal herein, the observation is made that it is quite plain from the record of appeal that the parties and to some extent the court exercised unusual latitude reg...