[2015] 1 LNS 261
For the purpose of summary judgment application, the preliminary requirements have been complied with i.e. (i) the defendant has entered appearance; (ii) the statement of claim must have been served on the defendant; and (iii) the affidavit in support of the application must comply with the requirements of r.2 of O. 14 of the ROC. Upon these considerations being satisfied, the plaintiff will have established a prima facie case and it comes entitled to judgment and the burden shifts to the defendant to satisfy the Court why judgment should not be given against him. The Court find there is damning evidence against the 1st and 3rd Defendants when the 1st Defendant wrote a letter dated 9/11/2012 proposing restructuring of the banking facility and admitted that the instalments could not be met due to “less payment received from the collection”. This is clearly an admission of indebtedness. Finally it is unconscionable of the Defendants to now deny the Plaintiff’s claim having received and utilized the banking facility.