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14-Nov-23

START DATE

END DATE

29-Nov-23

Jennifer Gail Wade vs. Tanika Alicia Williams

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Supreme Court of Bermuda

Civil Law

Hon. Mr. Justice Larry Mussenden

Craig Rothwell (Cox Hallett Wilkinson)

Defendant in Person

FACTS OF THE CASE:

The Plaintiff, Jennifer Wade, filed a claim against her former daughter-in-law, Tanika Williams, for repayment of a $50,000 loan provided to her and her ex-husband, Da-Von Wade, during their marriage. The Defendant failed to file a defense and a Default Judgment was entered. The Defendant later sought to set aside the Default Judgment, arguing lack of notice and a claim that her ex-husband was equally responsible for the loan. She then filed a Third Party claim against him seeking contribution.

SUMMARY:

Adam Gibbons v DeSilva [2020] SC (Bda) 43 Civ, ED&F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472, Andrew Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537, A et al v Cumberbatch [2020] SC (Bda) 50 Civ

OUTCOMES:

Default Judgment against Tanika Williams upheld; Default Judgment against Da-Von Wade set aside.

RULED IN FAVOUR OF:

Partial victory for Da-Von Wade; Jennifer Wade still entitled to judgment against Tanika Williams.

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Jennifer Gail Wade vs. Tanika Alicia Williams

The Plaintiff, Jennifer Wade, filed a claim against her former daughter-in-law, Tanika Williams, for repayment of a $50,000 loan provided to her and her ex-husband, Da-Von Wade, during their marriage. The Defendant failed to file a defense and a Default Judgment was entered. The Defendant later sought to set aside the Default Judgment, arguing lack of notice and a claim that her ex-husband was equally responsible for the loan. She then filed a Third Party claim against him seeking contribution.

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