Stedman v Sewell

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Staine, J.
• Judgment Date: 19 August 1980
• Docket Number: Action No. 1 of 1980
• Date: 19 August 1980

Supreme Court

Staine, J.

Action No. 1 of 1980

Stedman

and

Sewell

Mr. N.V. Dujon for the plaintiff.

Mr. J.C. Gray for the defendant.

Practice and procedure - Application for leave to sign final judgment — Affidavits poorly prepared — Application stood over so that fresh affidavits could be prepared

Staine, J.

1 In this case, the plaintiff applies for leave to sign final judgment, for the amount indorsed on the writ, with interest, if any, and costs.

2 The application is made pursuant to Order 15, rule 1 of the Rules of the Supreme Court. This rule is to the effect that where a plaintiff issues a writ, and the writ is specially indorsed where the defendant appears to the writ, the plaintiff may apply to the court for leave to sign final judgment, stating that in his belief, there is no defence to the action. Such an application is required to be supported by an affidavit by some person, who can swear positively to the facts.

3 The practice in this matter is well settled, and follows the practice which obtains in England, under Order 14 of the old rules of court in that jurisdiction. There, it is stated, that the purpose of the rule, is to enable a plaintiff to obtain summary judgment without trial, if he can prove his claim clearly, and if the defendant is unable to set up a bona fide defence, or raise an issue which ought to be tried, see Roberts v. Plant (1895) 1 Q.B. 597 C.A. It follows that a plaintiff will not be deprived of his right to obtain leave under this rule, by a mere technicality. But if the defendant can show that he has a good defence to the action, or even one which raises a triable issue, then the court will be slow to act, and leave to defend will most likely be given.

4 In this case, the Writ is endorsed with a statement of claim for a liquidated sum, namely $7,395.25, being the balance stated to be due on account. The defendant entered appearance, and filed his defence in which the defence consists of a denial of the debt, or any part thereof, and further counterclaims for the sum of $10,000, and costs.

5 In his application to be at liberty to sign final judgment, the plaintiff has filed an affidavit, stating that the defendant is truly indebted to him in the sum stated, and his belief that there is no defence to the action. The solicitor appearing for the plaintiff has also filed an affidavit in support of the application, and attached to this affidavit are invoices and time sheets, setting out...