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IN THE SUPREME COURT OF BELIZE A.D. 2001

Action No. 60 of 1999

Between	(NELLY HERRERA	PLAINTIFF
	( ( ( And ( (
	(ERNEST JONES	DEFENDANTS

S.M. Pott for Plaintiff
Defendant In Person

Ex Tempore

AWICH J:

J U D G M E N T

Notes:

Summary procedure proceeding O. 74, Amendment of Claim in summary procedure, admission and judgment.

Nelly Herrera through her learned attorney, Ms. S.M. Pott, brought an action, by summary procedure under O. 74 of the Supreme Court Rules, for a claim of specific performance or alternatively, for return of purchase price, damages and costs, against Ernest Jones. The transaction which led to the case was sale of interest over land, Lot No. 8266, St. Martin De Porres Extension Phase II, Belize City, by Ernest Jones to Herrera. She says she paid $5,500 to Jones, but she did not get the title to the land transferred to her.

At trial Herrera abandoned her claim for specific performance and applied to amend the statement of claim by including claim for interest. In summary procedure such an application can be made verbally in court by authorisation in O. 74 r 17. I explained the intended amendment to Jones who was not represented by attorney. He said he understood. He had nothing to say against it. I granted leave and the claim was amended by including claim for interest.

As Jones was not represented in Court by counsel I explained to him the claim against him and informed him that evidence would be led to prove the claim, and he would also have opportunity to present evidence to support his side of the case. Jones simply chose to admit the claims. He said that Herrera paid him $5,500, but the land was not transferred to her. He admitted he was liable to pay back the money to Herrera. He asked to be allowed time to pay.

In view of the admission, although not communicated in advance of trial as contemplated in O. 74 r8, the plaintiff applied for judgment. Court grants judgment in accordance with O. 74 r4 of the Supreme Court Rules, for: