Garrick, Vincent v The Transport Authority

Case Number: 
G - 032 OF 2001
Date of Delivery: 
20.06.2001

IN THE SUPREME COURT OF JUDICATURE OP JAMAICA
IN COMMON LAW
SUIT NO: G - 032 OF 2001
BETWEEN VINCENT GARRlCK
AND THE TRANSPORT AUTHORITY DEFENDANT
Matter heard on April 30, and May 10,2001; Judgment delivered June 20,2001
Don. 0. Foote, Esq., Attorney-at-Law, for the Plaintiff
Curtis, Cochrane, Esa, Attorney-at-Law for the Defendant
JUDGMENT
This matter comes before the Court by way of a Summons filed on behalf of the Plaintiff
seeking relief in the following terms:
a) An Order that the Defendant do forthwith deliver to the Plaintiff his 1990 Toyota
Hiace motor vehicle registration number 4091 BY.
b) The defence filed herein be struck out as disclosing no reasonable defence and
judgment entered for the Plaintiff damages to be agreed or assessed.
I shall deal firstly with the first order sought.
The facts as set out in the plaintiffs affidavit supporting his summons, are that on
November znd, 1999, servants or agents of the defendant detained the plaintiffs motor
vehicle, licence number 4091 BY, and despite several requests by the plaintiff and his
attorney-at-law, the defendant or its agent, continues to detain the said vehicle. The I
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..plaintiff states that charges under the Road Traffic- Act were preferred against him-by the - - . ,. - . I
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Defendant on November 17, 2000. After several court appearances, all charges were I
dismissed by the presiding Resident Magistrate, Leighton Pusey, on January 5, 2001.
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This fact was communicated to the defendant and a hrther demand made for the return of
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the vehicle, but the defendant has demanded that the plaintiff pay storage fees for a
period in excess of one year before the vehicle would be released.
In response to the plaintiffs affidavit, the company secretary of the defendant, who is
also an attorney at law, admits that the plaintiffs vehicle was seized on the day in
question by inspectors employed to the defendant. She hrther averred on information
and

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