Reid, Spurgeon v Corporal Lobban and The Attorney General For Jamaica

I N THE SUPREME COURT OF JUDICATURE OF
I N COMMON LAW
SUIT NO. C.L. 1989/~-014
BETWEEN SPURGEON REID PLAINTIFF
A N D
A N D
CORPORAL LOBBAN
THE ATTORNEY GENERAL
FOR JAMAICA
1ST DEFENDANT
2ND DEFENDANT
M i s s Keri-Gaye Brown f o r P l a i n t i f f i n s t r u c t e d by Gifford, Thompson
& Bright.
M i s s Monique Harrison f o r 2nd Defendant i n s t r u c t e d by the Director
of S t a t e Proceedings.
Heard: May 30 & June 12, 2001
McDONALD J. (Ag.),
This application seeks t o dismiss t h e a c t i o n for
want of prosecution pursuant t o section 342 (2) of the J u d i c a t u r e
( C i v i l Procedure Code) Law and the inherent jurisci.iction of the
Court.
A Chronology of the events a r e as follows:-
(1) On 27th January 1989 a W r i t of Summons and Statement of Claim
claiming damages f o r a s s a u l t i n f l i c t e d on the P l a i n t i f f by
the 2nd Defendant were f i l e d .
( 2 ) An Appearance was entered on the 16th $ebruary 1989 by the
Director of S t a t e Proceedings f o r the 2nd Defendant.
(3) A defence was f i l e d on 6th June 1991.
( 4 ) On 17th March 1993, Notice of Change of Attorney was f i l e d
by Robin Smith Attorney-at-Law on behalf of the P l a i n t i f f .
(5) On 28th March 1994 Summons f o r Directions was f i l e d . he