This is an application to strike out the declaration filed by the plaintiff on the ground that it is superfluous.
The plaintiff issued an endorsed summons which was accompanied by a declaration. Appearance to defend was then filed on behalf of the defendants. Subsequently the defendants requested for further particulars to which the plaintiff responded. The defendants again sought further and better particulars to which the plaintiff responded. The defendants then wrote to the plaintiff pointing out that the filing of a declaration was superfluous since the plaintiff had opted to file an endorsed summons. The defendants intimated an intention... More
This is a case in which originallythe plaintiff, Michael Johnson, sought payment from the first defendant, PhilipEllse, of the sum of US$80 000-00 (eighty thousand United States Dollars) being the outstanding amount owed to the plaintiff for an outstanding loan together with interest up to the in duplum limit. More
The applicant seeks an order in the following terms:
“1. The decision of the first respondent dismissing the applicant’s application for
discharge at the close of the State case under case number CRB 9311/19 be and is
hereby set aside.
2. The applicant be and is hereby discharged and acquitted at the close of State case under CRB 9311/19.
3. Each party to bear its own costs.” More
