JCW

(Summary Judgment) Justin added for the Defendant in this case. The Defendant applied for summary judgment on the counterclaim which was dismissed by the Sessions Court. The High Court allowed the appeal by the defendant on the basis amongst others that -The jurat by in the plaintiff’s affidavit is defective and did not comply with Order 41 rule 1(8) of the rules of court -The plaintiffs did not plead that the advance payments made by the defendant were on a gratuitous basis