JUDGMENT

(Extension Of Time To File Notice Of Appeal Out Of Time)

Kenneth St James JC:

Prelusion

[1] The Plaintiff (P) is a purchaser. The Defendant (D) is a developer. P purchased a property in D's project.

[2] In the Sessions Court , P sued D for liquidated ascertained damages (LAD) for delivering vacant possession of the property late. P applied for summary judgment under O 14 of the Rules Of 2012 (Rules of ). The Sessions Court granted summary judgment in P's favour.

[3] D did not file and serve their Notice Of Appeal within the prescribed time mandated by the Rules of Court . D eventually filed their Notice Of Appeal 42 days late (out of time). The Notice Of Appeal is encl 1.

[4] In this appeal proceeding, D also filed an application for an extension of time (EOT) to file their Notice Of Appeal. This application is Enclosure 4.

[5] Should encl 4 be allowed? In other words, should D be given the EOT to file their Notice Of Appeal out of time?

[6] Also, should encl 1 be allowed ie should the Sessions Court 's summary judgment against D be affirmed?

Preliminaries

[7] This Grounds Of Judgment is for both encl 4 and Enclosure 1.

Plaintiff's Claim In The Sessions Court

[8] P purchased a p