Mahadev Shankar J

This is an appeal in a matter in which the plaintiff applied for summary judgment under O 14. The writ was filed on 15 July 1991. A purported defence followed on 15 August 1991. On 3 September 1991, an application was made to amend the statement of claim. The order to amend was made on 9 October 1991 and an amended statement of claim was filed on 25 November 1991. It was served on 6 December 1991.

The O 14 application for final judgment in terms of the amended statement of claim was filed on 9 January 1992.

It was eventually heard on 11 December 1992 by the senior assistant registrar. By that date, the defendant had not filed any affidavit to show cause why leave to defend should be granted. Counsel for the defendant raised two preliminary objections. First, that the delay in filing the O 14 application was such that it should be disallowed and, secondly, that the affidavit-in-support of the application was defective. These preliminary objections were dismissed. The plaintiff then wished to continue with the hearing of their application on the merits. The defendant requested an adjournment to file an affidavit to show cause why leave to defend should be grant