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Banks fails to establish prima facie case for summary judgment claim
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High Court dismisses an application for summary judgment by a bank, on the grounds that the special indorsement of claim fails to demonstrate the basis on which sum claimed is calculated, even when taking into account referenced documents, and the bank had therefore not established a prima facie case for its claim.
Plaintiff bank seeks summary judgement on two mortgage loans – defendant denies that he is lawfully before the Court and claims the court has no jurisdiction – claims the affidavits of the Plaintiff are inadequate and thus not properly before the Court – claims liquid sum on which the application is based is incorrect and that one of the assets the subject of the mortgage has been sold – claims plaintiff has not established a prima facie case – special indorsement of claim fails to demonstrate basis on which sum is calculated even when taking into account referenced documents – prima facie case not established - application denied and other grounds of defence raised not considered.
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