n Without Prejudice - Affidavit in support of summary judgement : litigation

Volume 14, Issue 7
  • ISSN : 1681-178X



The summary judgement procedure permits a court to grant final judgement against a defendant without full pleadings having been exchanged between the parties or a trial having taken place. The purpose of summary judgement proceedings is to prevent delay in a case where the defendant has no real defence to the plaintiff's claim. Courts are usually reluctant to grant summary judgement because the remedy is drastic in that it affects the defendant's procedural right to have their case heard in the normal course. The court will only be inclined to grant summary judgement where the plaintiff has an unanswerable case.

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