Patten,Isaiah v Joan Green, etal

Case Number: 
C.L P-186 OF 1998
Date of Delivery: 
04.07.2003

IN THE SUPREME COURT OF JAMAICA
 JAMAICA
SUIT NO. C.L P-186 OF 1998
:IN CHAMBERS
BETWEEN ISAIAH PAlTEN PLAINTIFF
JOAN GREEN 2ND PLAINTIFF
AND KAREN M. CRANE lnDE FENDANT
AND LLOYD McNAB zND DEFENDANT
Mr. Norman Samuels for the plaintiff
Mr. R. Smellie instructed by Daly, Twaites & Company, for the lst and znd
defendants.
Heard: Julv 2 and 4. 2003
Jones J. (Aa.1
The lSt and znd defendants have applied to this court for an order that the
action brought by the plaintiff for damages as a resillt of injuries received from a
motor vehicle accident be dismissed for want of prosecution.
The ground on which the Applicants seek the order is that:
"the Plaintiffs have been guilty of inordinate and inexcusable delay in
prosecuting the action, in particula~ in taking the step of filing the
Summons for Directions herein, sad delay rendering it unlikely that
the Defendants will get a fair trlbl and also causing said Defendants
the further prejudice of exposing them to additiot~allia bility. '"
The evidence of delay was clear enough; it came from the affidavit of Mr.
Rudolph Smellie, attorney-at-law for the defendants. He said:
'17. That by Writ of Summons filed on the 29th day of September,
1998 this action was commenced against the Defendants jointly and
severally for the recovery of damages in respect of injuries allegedly

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