Hyde,Oswald v The Attorney General Of Jamaica

Case Number: 
C.L. H 055/98
Date of Delivery: 
19.06.2002

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L. H 055/98
BETWEEN OSWALD HYDE PLAINTIFF
AND THE ATTORNEY GENERAL DEFENDANT
FOR JAMAICA
Mrs. Ursula Khan for the Plaintiff.
C--. NIrs. S. Reid-Jones for the Defendant instructed by Director
of State Proceedings.
Herrd: llthJ anuaw. 2001. 3 r d ~ ~ r2i0l01, and 19" June, 2002
54
DUKHARQN, J
This action came before me for assessment of damages, consequent 
B
.L ' , upon interlocutory judgment entered on the 23d October 1998. Liability is
not an issue. My main task therefore is to make an award for Special and
C, General Damages. The Plaintiff is also claiming Punitive Aggravated and/or
Exemplary Damages.
On the 19' day of July 1997 at about 4.00 a.m. the Plaintiff was
cleaning his pig pen on his own property in St. Catherine when he sustained
a gunshot wound to his left leg just below the left knee. He told the Court
that he had been raising pigs for 15 years at the back of his land. He said he
normally cleans his pens at 4.00 a.m. each morning. He was about to come

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