Read the full judgment text of CACV 000047/1975 on BabelCite. This Court of Appeal judgment was delivered on 16 January 1976.
2. There is no doubt that a certificate of assessment was before the judge at the time when he made his decision to strike out the Defence and the Appellant contends that that was in breach of Order 18 rule 19(2). Counsel for the Commissioner submits that the certificate was not in evidence for the purpose of the application to strike out but only for the purpose of deciding whether, once the Defence had been struck out, judgment could properly be entered for the Commissioner. If, contrary to th