Ali v Grenada Rock Asphalt and Concrete Products Ltd

• Jurisdiction: Grenada
• Judge: St, Paul. J.
• Judgment Date: 28 January 1994
• Neutral Citation: GD 1994 HC 6
• Docket Number: No. 667 of 1989
• Court: High Court (Grenada)
• Date: 28 January 1994

High Court

St. Paul, J.

No. 667 of 1989

Ali

and

Grenada Rock Asphalt and Concrete Products Ltd.

Appearances:

Mr. D. Knight, Q.C., with Ms. D. Campbell for the plaintiff.

Mrs. C. Edwards for the defendant.

Practice and Procedure - Whether plaintiff can enter judgment in default of defence when the defendant's summons for leave to enter a conditional appearance is pending.

St, Paul. J.

1 By Writ of Summons filed on 29th November 1989, the plaintiff claims against the defendant the sum of $123,000.00 with costs for goods sold and delivered to the defendant. It is alleged that the agreement was made in writing on the 15th day of March but the Writ is silent of the year of the alleged agreement.

2 On the 11th December 1989, Counsel for the defendant, M.J.St.B. Sylvester, entered a conditional appearance on behalf of the defendant company. On the same day the said Counsel by Summons in Chambers sought leave to enter a conditional appearance pursuant to O.2, r. 6 of the Rules of the Supreme Court, 1970. In his Summons, Counsel alleges that the purported Writ of Summons is not in accordance with the provisions of O.6, r. 1 of the said Rules and is therefore null and void. There is nothing on record to show that the summons was heard.

3 On the 20th April 1990, Counsel for the plaintiff entered judgment in default of defence.

4 On the 10th November 1993, Counsel for the defendant by Summons in Chambers asked that judgment in default of defence entered on the 20th April 1990 be set aside ‘on the ground that the judgment is irregular there being an outstanding Summons in the said Suit. This Summons is filed pursuant to O. 19, r. 9.

5 When the...