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High Court refuses application to set aside judgment obtained in the Central Office of the High Court in default of appearance, on the grounds that the Court is satisfied that the defendant has failed to establish any defence of mistake, or surprise on her part, concerning the obtaining of the judgement against her, but does vary the amount of the judgement obtained where the defendant has made out a strong defence that the signature on the letter of loan offer was not hers.
Application to set aside judgement obtained in default of appearance in central office of High Court - default in repayments in respect of four loans advanced - summary summons proceedings - Order 13, rule 11 RSC - court's broad discretion - defence to claim must have a reasonable prospect of success - must be some explanation as to why no appearance was entered - circumstances under which judgement was obtained - conflict as to whether or not defendant had consented to amendment of judgement date in pleadings not resolved on affidavit - serious doubts that there was any mistake or surprise at obtaining of judgement - proposed defences - recollection of signing loan offer letter - not asked to go to bank to sign loan offer letters - not advised to seek independent legal advice - no assertion of undue influence - forensic analysis of signature - strong case that signature was forged - amount of judgement varied - remit to plenary hearing with defence limited to issue of validity of defendant's signature - judgement will not be set aside in full - defendant in default and plaintiff entitled to enforce security for loans - no basis in law to extend time to appeal order of Circuit Court granting plaintiff possession of certain lands - order of Master of High Court extending time to appeal Circuit Court order set aside.
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