TRIDGE COMPANY LIMITED vs SPREE LIMITED

Counsel for Plaintiff/Applicant: My Lady, we have before you a motion on notice for Summary Judgment. This motion was filed on 18th of October, 2022 and was originally to be moved on 28th October, 2022. At the last hearing which was the 30th of January, 2023, the Court asked us to serve the other side with a Hearing Notice which we did and I believe there is proof of service on the docket.

My Lady, I move in terms of the Motion paper, the Supporting Affidavit and the Exhibits attached. This is a motion for Summary Judgment. The core of the Plaintiff’s claim is that they entered into a Contract of Sale on 25th March, 2022 with the Defendant for the supply of 260 metric tons of Cashew Nuts to a Buyer in Tuticorin, India and paid in advance a purchase price of USD 133,920.00. The contract of sale is attached as Exhibit ‘A’ and the proof of payment is attached as Exhibit ‘B’. Ever since this payment, the Defendant has failed to supply the goods and on 27th May, 2022, the Plaintiff terminated the contract. The Plaintiff is simply asking for a refund of this amount paid. Notably, since the filing of this application in October 2022, the Defendant has not bothered to file an Affidavit in opposition to the motion. However, what they have filed is a Statement of Defence on 7th December, 2022. However, this Statement of Defence does not disclose a valid defence to the core of the Plaintiff’s claim nor disclose any triable issues for which reason this matter should proceed to trial. A look at paragraphs 2, 9, 12 & 8 of the Defendant’s Statement of Defence will disclose that they have admitted to receiving the sum of USD 133,920.00 from the Plaintiff and what is more have admitted that they failed to deliver same. Basically, what they seek to do is to explain why they defaulted but not to state that they did not default. Having regard to the above, as well as the fact that in principle the Respondent is not opposed to the motion by virtue of its failure to file an Affidavit in Opposition and having regards to the rule in Order 14 of C.I. 47, we humbly pray this Court to grant the Plaintiff summary Judgment in terms of the reliefs endorsed on the Statement of Claim which are:

A declaration that the Defendant is indebted to the Plaintiff in the sum of USD 133,920.00 arising out of an agreement between the parties for the procurement and shipment of 260 metric tons of dried raw cashew nuts from the Defendant to a buyer in Tuticorin, India

Interest on the sum owed at t