JUDGMENT

(Appeal Against Summary Judgment)

Kenneth St James JC:

Prelusion

[1] The Plaintiff (P) provided logistics services to the Defendant (D). P invoiced D for the services rendered. P reminded and later demanded that D pays the total amount due. D refused to. P sues D in the Sessions Court .

[2] P filed an application under O 14 of the Rules of 2012 for an order to enter judgment summarily against D (P's SJ Application). The Sessions Court granted the order and entered a summary judgment against D. D appeals to the High Court .

[3] Should D's appeal against the summary judgment be allowed ie the summary judgment is set aside? Or should D's appeal be dismissed ie the summary judgment is sustained?

The Law On Order 14

[4] The law on O 14 summary judgments is well entrenched in our adjectival law. The principles are trite.

[5] The pertinent portions of O 14 of the Rules of 2012 are set out here for reference—

Order 14. Summary judgment

Application by plaintiff for summary judgment (O 14 r 1)

1. (1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has entered an appearance in the action, the plaintiff may, on the groun