Evangelista Mesa v Martinez Leonte Vega and Anor. (CL 57 of 2018) [2022] TCASC 31 (29 August 2022)

Flynote

Civil Procedure

Case summary

The Court made an unless order against the 2nd Defendant. The 2nd Defendant was right as to the non-applicability of Order 18, rule 19. It is a rule that addresses the pleadings themselves and not the conduct of the parties, or non-compliance with directions. Turning to Order 24, there was non-compliance with the Directions Order. However, the Directions Order was not a peremptory order. In the Court's view it would be a very extreme case where a defence will be struck out for failure to comply with a non-peremptory order. In the circumstances of this case, given the relatively short period of delay and the fact that a fair trial was still possible, the Court was not minded to make an immediate strike out order. In the circumstances, the appropriate order was an unless order; for the 2nd Defendant’s defence to be struck out unless the 2nd Defendant complies with the Directions Order. 

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