Swim-Quip Incorporated v Magnus & Associates Ltd

I N THE SUPRWIE C0U;IT OF JUDICATUU2 OF JAYAICA
I N THE HIGH COURT OF JUSTICE
I N COl4MON LAW
SUIT NO. C.L. 1173 of 1973
BETWEEN
/ ' SWIH-QUIP INCORPO!3iTED PLAINTIFF
L A N D YAGEUS & ASSOCIATES LTD DEFGNDA P V
M r . Rruce Earker for the p l a i n t i f f .
i
,! y I k,,I M~ ~r .4j%Lancelot-w an for the defendant.
J U D G t i ' E N T
The Swim-quip Incorporated, by 2 spe.?ially
,
endorsed w r i t dated 31st July, 1973, claims the sum cF
C $3,233.13 from the defendant, Magnus and A s r o c i a t e ~
) '
Limited. The p a r t i c u l a r s f i l e d therewith show that ti22
clairn was for goods sold and delivered by the p l a i n t i f f to
the defendant. who entered ppearance on t h o 14th
September, 1973. . /'I I 11
Thereupon the plaintiffl1lc attorneys by letter rlat-ed
11th December, 1973, requested the attorney^ for the
C defendant t o supply within ceven days Further and F e t t e r
,J4,d,bi
Particulars of the defence, This request was in keeping
w i t h s e c t i o n 171 of the Judicature ( C i v i l Procedure
Code) Law, 2hapter 177.
Non-compliance resulted in an application by xummons
on behalf of the p l a i n t i f f t h a t the defendant supply the
Further and Better P a r t i c u l a r s within 14 days. On th.3
C-. , 29th April, 1974, the Master (Ag) by t h e w r i t t e n co,~::ent
of t h e p a r t i e s ordered t h a t the Further and Fetter
P a r t i c u l a r s be supplied within 21 days, Failure by the
defendant to comply, resulted in another application by
summons on behalf of the p l a i n t i f f t\hat paragraphs 2 - 7
of the defence be s t r u c k o u t . When t h i s summons cane on
. ..
for hearing on the 26th ,Tune,' 1974, on the application of '