KEATING v. HEMANS [1961] GLR 797
22 December 1961 · DJABANOR J · ≈ 2 min read
[1961] SLR (HC) 98Other citation styles and permanent link
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DIVISION: IN THE HIGH COURT, KUMASI
DATE: 22ND DECEMBER, 1961
BEFORE: DJABANOR J.
NATURE OF PROCEEDINGS
RULING on an application for leave to sign final judgment under Order 14, rule 1 of the Supreme [High] Court (Civil Procedure) Rules 1954.
[p.798] of [1961] GLR 797
COUNSEL
G. W. Davey for the plaintiff.
C. F. Hayfron-Benjamin for the defendant.
JUDGMENT OF DJABANOR J.
This is an application by the plaintiff herein per her solicitors for leave to sign final judgment under Order 14, rule 11(1). The writ was specially endorsed. The application is supported by the affidavit of the plaintiff’s solicitor (which is permissible according to the authorities) verifying the cause of action and stating that there is no defence to the action. According to the rules the judge may make the order for leave to sign judgment unless the defendant shall satisfy him that he has a defence to the action. He must do so on affidavit disclosing that he has a good defence on the merits and ask for leave to defend. The plaintiff may file an affidavit in reply if he is in a position to exhibit some document clearly demonstrating the untruth of the defendant’s affidavit, e.g. a letter from the defendant admitting the debt by promise to pay. Upon an examination of the affidavits and a consideration of the law on the point I am satisfied that the defendant’s affidavit to be filed in compliance with rule 3 must be the defendant’s own affidavit sworn to by himself. In my view whereas the affidavit in support of the application for leave to sign judgment under Order 14, rule 1 should be made by the plaintiff himself or by any other person who can swear positively to the facts, etc., the affidavit by the defendant showing cause against the application must be made by the defendant himself.
In my view the affidavit of the solicitor in this case is not properly before the court and it is accordingly set aside. That leaves the defendant without any affidavit of merit in support of his application for leave to defend, which is therefore refused.
Leave is therefore granted to the plaintiff to sign judgment against the defendant for £G555 9s. with 35 guineas costs.
DECISION
Application granted.
