[2023]DLHC16961May 3, 2023High Court

KAWA KOHATSU ENTERPRISE LIMITED vs. EDWARD DARLINGTON

RULING This is a Ruling on an application brought for and on behalf of the Plaintiff/Applicant hereinafter referred to as the Applicant for Summary Judgment based on admissions/payments made by the Defendant/Respondent hereinafter referred to as the Respondent which was resisted by an Affidavit in Opposition filed by the Respondent challenging the capacity of the Applicant. FACTS OF THE CASE The Applicant commenced this action by a Writ of Summons dated 11th March, 2020 with suit number GJ/0761/2020 for the reliefs endorsed thereon against the Respondent. The Respondent entered an Appearance by his Lawyer and caused a Statement of Defence to be filed on his behalf. The Applicant filed a Reply to the Statement of Defence and on 17th July, 2020 the Applicant filed a Motion on Notice for Summary Judgment which was resisted by an Affidavit in Opposition filed by the Respondent on 12th July, 2020. On 27th January, 2021 the Applicant filed a Motion on Notice for an Order Granting Intere...