Read the full judgment text of DCCJ 005760/1980 on BabelCite. This District Court judgment was delivered on 2 December 1981 before H.H. Judge Jones.
Civil procedure – summary judgment – District Court – Rule 27 – failure to disclose reasonable ground of defence – admissibility of evidence – Order 18 rule 19 – Order 14 – credit card debt – joint and several liability – defence denying liability – second defendant in default – whether evidence admissible on Rule 27(1)(b) application – held no – Rule 27 akin to Order 18 rule 19 – evidence not admissible – no summary judgment procedure in District Court – both summonses dismissed – costs to first defendant on Upper Scale
Legal issues: Admissibility of evidence on Rule 27(1)(b) application · Whether judgment can be granted under Rule 27(2)
Outcome: Both summonses dismissed with costs to the first defendant on the Upper Scale. Certified fit for Counsel.