143,540 judgment pages 132,515 public-register pages 276,055 total pages

LEO TRIM v SYLVESTER JOSEPH et al

1998-10-08 · Saint Lucia
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Metadata
Collection
High Court
Country
Saint Lucia
Case number
Judge
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Upstream post
9375
AKN IRI
/akn/ecsc/lc/hc/1998/judgment/leo-trim-v-sylvester-joseph-et-al/post-9375
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SAINT LUCIA IN THE HIGH COURT OF JUSTICE (Civil) A.D. 1998 SUIT NO:347 of 1997 Between: LEO TRIM PLAINTIFF AND (1) SYLVESTER JOSEPH (2) NIGEL ELIBOX DEFENDANTS Appearances: Mr. Alvin St. Clair for the Plaintiff Mr. Peter Foster for 1st Defendants 1998:0CTOBER 8 DECISION Mi tchell J., In Chambers s is an application by the Plaintiff by Summons filed on 12th June, 1998 for Judgment in Default. Neither Counsel had any law assistance of the Court. Writ in this matter was filed on 18th April, 1997, and served. On 11th August, a Consent Order was entered in an interlocutory application. Subsequently, a Request for Defence was filed on 13th May, 1998. There is an Affidavit of Service filed on 25th May,

1998.No Defence was in fact ever served on the Plaintiff and filed. On 12th June, 1998 this application for Judgment in Default was filed, but it too appears not to have been served. The Court cannot proceed to give Judgment in Default without an Affidavit of Service of the Summons for Judgment. The Summons of 12th June, 1998 is dismissed, but may be reissued and served on the Defendant personally. Mr Foster's Chambers given leave to withdraw from representation of the Defendant.

Suit No. 347 of 1997 Mitchell, J Delivered: 08/10/98

PDF extraction

SAINT LUCIA IN THE HIGH COURT OF JUSTICE (Civil) A.D. 1998 SUIT NO:347 of 1997 Between: LEO TRIM PLAINTIFF AND (1) SYLVESTER JOSEPH (2) NIGEL ELIBOX DEFENDANTS Appearances: Mr. Alvin St. Clair for the Plaintiff Mr. Peter Foster for 1st Defendants 1998:0CTOBER 8 DECISION Mi tchell J., In Chambers s is an application by the Plaintiff by Summons filed on 12th June, 1998 for Judgment in Default. Neither Counsel had any law assistance of the Court. Writ in this matter was filed on 18th April, 1997, and served. On 11th August, a Consent Order was entered in an interlocutory application. Subsequently, a Request for Defence was filed on 13th May, 1998. There is an Affidavit of Service filed on 25th May,

1998.No Defence was in fact ever served on the Plaintiff and filed. On 12th June, 1998 this application for Judgment in Default was filed, but it too appears not to have been served. The Court cannot proceed to give Judgment in Default without an Affidavit of Service of the Summons for Judgment. The Summons of 12th June, 1998 is dismissed, but may be reissued and served on the Defendant personally. Mr Foster's Chambers given leave to withdraw from representation of the Defendant.

WordPress

SUIT No. 347 of 1997 Mitchell, J., Delivered: 08/10/98

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