Read the full judgment text of CACV 000137/2009 on BabelCite. This Court of Appeal judgment was delivered on 6 October 2009.
1. The plaintiff applied for summary judgment against the defendants. At the hearing before Mr Bharwaney S.C. sitting as a Deputy Judge of the Court of First Instance, the parties agreed to have a preliminary issue being determined first, namely, whether the plaintiff’s claim is excluded by Order 14 rule 1(2)(b) which does not allow a summary judgment application to be made in an action which includes a claim based on an allegation of fraud. The Judge ruled against the plaintiff. The plaintif