Imperial Suites Hotel Limited v Johnson, Leroy

Case Number: 
2015HCV05095
Neutral Citation: 
[2017] JMSC Civ 203
Date of Delivery: 
08.12.2017

Application for court to discontinue part-heard application to strike out defence
and enter summary judgment, commenced in absence of lead counsel for the
defence who was ill – Client’s constitutional right to be represented by attorney of
choice – Whether breach of right to fair hearing and equality before the law –
Whether inappropriate material relied on in affidavit in absence of lead defence
counsel – Whether irremediable prejudice suffered by defendant – Court’s ongoing
role to filter evidence into admissible and inadmissible categories – Duty of court
to exercise discretion judicially in relation to application for an adjournment –
Overriding objective – Whether matter should commence de novo before a different
tribunal

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