Arid, John Esso Standard Oil S.A. Ltd

IN THE SCPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW I
SUIT NO: C.L. 2000/ A-129
BETWEEN JOHN AIRD PLAINTIFF1 RESPONDENT
AND ESSO STANDARD OIL S.A. LIMITED DEFENDANT1 APPLICANT
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Alton E. Morgan Esq., instructed by Alton E Morgan & Co for the PlaintiffRespondent;
CI Maurice Manning Esq., instructed by Nunes, Scholefield & Deleon for the
Defendant/Applicant.
This is an appIication by way of a summons under section 243 of the Judicature (Civil
Procedure Code) Law, filed on behalf of the Defendant in the instant suit, pursuant to
which the Defendant seeks a stay of proceedings in the instant suit, unless and until the
Plaintiff pays to the Defendant, the costs of another action between the same parties, to
which costs, Defendant claims to be entitled. The defendant also seeks costs of this
application, to be agreed or taxed. Section 243 of the Code is in the following terms:-
staying Second Action till costs paid.
243. If any subsequent action shall be brought before payment of the costs
of a discontinued action, for the same or substantially the same,
cause of action, the court or Judge may, if they or he think fit, order
a stay of such subsequent action until such costs have been paid.
There is an affidavit sworn by Donovan Jackson, a partner in the firm of the attorneys of
('J record for the Defendant, in which he deposes to certain circumstances in relation to
another lawsuit between the same parties, (Suit No. C.L. A 186 of 1996). Essentially, the
aMidavit sets out the basis for the proposition that the instant suit is the same as the prior
suit, and that the defendant is entitled to certain costs from the plaintiff in respect thereof,
which costs have not actually been quantified or determined. The affidavit in paragraph 5
thereof, acknowledges that the Plaintiff has not made any application to the court to