Read the full judgment text of CACV 000195/1994 on BabelCite. This Court of Appeal judgment was delivered on 7 March 1995 before Nazareth V-P, Litton JA, Bokhary JA.
Civil procedure – summary judgment – equitable set-off – counterclaim – burden of proof – Order 14 – air-conditioning sub-contract – invoice – quantum – plaintiff claimed balance of $422,940 under sub-contract – defendant counterclaimed $486,710 for dismantling work at plaintiff's request – judge allowed unconditional leave to defend two sums but not equitable set-off – appeal – Court of Appeal held defendant failed to adduce sufficient evidence to verify quantum – appeal dismissed – summary judgment upheld
Legal issues: Equitable set-off - Summary judgment
Outcome: Appeal dismissed; summary judgment in favour of plaintiff upheld.