[2019] 1 LNS 483
This is an appeal from the Sessions Court against the decision of the learned Sessions Court Judge who allowed the Plaintiff’s application to enter summary judgment against the Defendants. Having perused the Plaintiff’s affidavit in support of its application, this court is of the view that the Plaintiff has fulfilled the preliminary requirements. Contrary to the Defendants allegations, the facts deposed in the plaintiff’s affidavit in support has set out adequate facts (including the salient terms of the Asset Sale Agreement and the Guarantee and Indemnity Agreement) and the relevant contemporaneous documents in relation to the Financing Facility which form the basis of the Plaintiff’s claim against the 1st Defendant as the customer granted the said facility and against the 1st and 2nd Defendants under the Guarantee and Indemnity Agreement executed by the said Defendants. The Plaintiff has also deposed that the sum claim is due and payable and that it is their belief that the Defendants have no defence to the claim made against the Defendants. Thus the Plaintiff has established a prima facie case in respect of its claim against the Defendants. Thus the burden shifts on the Defendants to prove that there are issue or question in dispute which ought to be tried or there ought for some other reason to be a trial, namely, there are circumstances that ought to be investigated by the court. There is no merit in the Defendants’ defence. As such this is a suitable and fit case for judgment to be summarily entered against the Defendants.