Read the full judgment text of HCMP 001576/2005 on BabelCite. This High Court CFI judgment was delivered on 6 October 2006.
1. This is a mortgage action in which the Defendant says that it did not enter into a mortgage with the Plaintiff. Such a fundamental dispute of fact would not normally lend itself to the matter proceeding by way of originating summons which is what this is but as the dispute of fact did not become apparent until after the Defendant had filed its evidence it was decided to press on in this form and direct that the affidavits stand as pleadings and that these be cross-examined on.