Clement Skinner J:

[1] There are two matters before the court. The first is an appeal brought by the defendant in the court below, against the decision of the learned Sessions Court Judge who, on 19 March 2004, granted judgment against the defendant on an application for summary judgment by the plaintiff under O. 26A Subordinate Courts Rules ('the SCR'). The second is an application by the defendant/appellant to be permitted to adduce fresh evidence at the hearing of his appeal, to show why summary judgment should not have been granted against him. For convenience I will continue to refer to the appellant as the defendant and to the respondent as the plaintiff.

[2] Actually there were four matters before the court to begin with but the other two matters have resolved themselves. For completeness I will briefly mention what these other two matters concerned. When the defendant filed his record of appeal, he had included in it an affidavit affirmed by him on 16 April 2004. This affidavit was not before learned Sessions Court Judge when the plaintiff's application for summary judgment was heard because it was only filed into court after judgment was granted against him. Accor