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Speedways Jamaica Ltd v Jonathan Outar

Case Number: 
C.L. S 109 OF 1999
Date of Delivery: 
09.04.2002

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L. S 109 OF 1999
IN CHAMBERS
BETWEEN SPEEDWAYS JAMAICA LTD PLAINTIFF
AND JONATHAN OUTAR DEFENDANT,
Cj
Miss Marina Sakhno instructed by Cowan, Dunkley and Cowan for plaintiff.
Miss Marsha Smith instructed by Ernest Smith & Company for defendants.
Heard on April 9,2002
JONES, T. (A&
On July 21, 1999, the plaintiff obtained judgment in default of appearance
for the amount of $2,030,000.00. The defendant has applied to have the judgment
set aside. This application has some curious features, not the least of whichis
that an assistant bailiff for the parish of St. Catherine served a specially endorsed
writ of summons against the defendant, on the Superintendent of the St.
Catherine District prison where the defendant was imprisoned. The defendant
denied receiving the writ of summons; the plaintiff insisted that the service on
the Superintendent of Prisons was regular.
The evidence from the defendant was altogether persuasive. The relevant
portion of his affidavit was as follows: