Evangelista Mesa v Martinez Leonte Vega and Anor. (CL 57 of 2018) [2023] TCASC 49 (24 January 2023)

Flynote

Civil Procedure

Case summary

The Defendant’s application, properly put, and as argued, was to a) set aside the September Order, entered as a result of an [alleged] breach of the August Order in consequence of its peremptory effect and if granted; b) to be granted an extension of time to comply; alternatively relief from sanctions [62]. The Court held that the 2nd Defendant complied with the August Order and found that the September Order was entered in error. The Court ordered that the September Order be set aside. No further order was required on the Application. With respect to the Plaintiff’s hearing for the assessment of damages, it could not proceed given that the Court set aside the September Order [81] to [83].

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