GUNTHER KRUPE v ANDERSON BERNARD JOSEPH et al

SAINT LUCIA IN THE HIGH COURT OF JUSTICE (Civil) A.D. 1998 SUIT NO: 994 of 1996 Between: GUNTHER KRUPE PLAINTIFF AND (1) ANDERSON BERNARD JOSEPH (2) AUDREY JOSEPH DEFENDANTS s: Bledman and Mr. re for the aintiff - Absent Ferguson John for the Defendants 1998: OCTOBER 8 DECISION Mi tchell J. l In Chambers s is an application by the Defendant for matter to be abandoned under Order 34 rule 11. Counsel for the Def no for the assistance of the Court. fendants' Defence and Countercla On 24th 1997 the was filed. There is no e it was served before fil ,cont to Order 18 r (d). Rather, it was incorrect first fil and t s No Defence to Countercl was served on the Defendant or fil Plaintiff. The Plaintiff's Defence was due to be served on the Plaintiff within 14 days after service of Countercl Instead, the Plaintiff on 26th August, 1997 filed a st for and a bundle of the pI The fi f such a s t ·vould normal render a matter e of abandoned under Rule 11. This Request for is out of order, as it could only have been filed after PI iff's Defence to Counterclaim which was never forthcoming. Defendant on 9th September, 1998 applied for the t to be deemed abandoned under Order 34 r 11. The ground in the Summons is the failure to take any proceeding or file document for one year from date of the last proc In the f t Support filed on the same th S tember, 1 9 I the Defendant explains that Defence filed on 24th was the last document filed in the suit, and that no other proceeding has taken since then.

s claim is incorrect. The last document filed was the Request for Hearing of 26th August, 1997. There is no evidence that the Request for Hearing was ever served on the Defendant's Solicitor, but the normal search of the Court's file made before a Solicitor allows his client to swear as to the state of the Court's file would have revealed the actual state of the filings as I have earlier indicated. In any event, I find that the Request for Hearing is improperly filed as being contrary to the Rules of Court. This suit is not ripe for hearing, and as such is incapable of being deemed abandoned. The application of 9th September, 1998 is dismissed. There will be no order as to costs. JUSTICE I D MITCHELL HIGH COURT JUDGE (Ag)

SUIT NO: 994 of 1996 Mitchell, J. Delivered: 08/10/98