Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Summary summons struck out by Master of High Court
|
or click here to request site subscription to search and view all judgments |
Master of the High Court strikes out summary summons, where the plaintiff was unable to substantiate an assertion that the defendant had no bona fide defence to the claim.
Application for liberty to enter final judgment - jurisdiction of Master of High Court to strike out summons - choice of originating summons - entitlement to "fast track justice" - Order 37, rule 1 - averment that defendant has no bona fide defence - whether "very clear" that defendant had no defence - whether fair and reasonable probability of defendant having a real or bona fide defence - hearsay - evidence of bank officials in reply to defendant's affidavit - whether papers "in order" - refusal to allow a case to proceed "based on a dubious writ".
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
