Bryan, George v Grossett Harris

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

 CIVIL DIVISION

CL 200/B 089

BETWEEN

AND

GEORGE BRYAN CLAIMANT

GROSSElT HARRIS DEFENDANT

Mr. Ainsworth Campbell for the claimant

Mr. David Johnson instructed by Althea Wilkins for the defendant

October 18 and 21,2005

RULING ON ADMISSIBILITY OF WITNESS STATEMENT

RULES 26.7 (2), 29.4 (I), (2) AND 29.11 OF THE CIVIL PROCEDURE RULES

SYKES J

The issue

1. Mr. George Bryan, the claimant, is illiterate. He signed a witness statement. There is no

certification of the witness statement as required by rule 29.4(2) of the Civil Procedure

Rules (CPR). He was called to give evidence. Mr. Johnson has objected to his evidence.

The question is can he be called as a witness?

The facts

2. Mr. George Bryan filed his witness statement in this niatter on September 30, 2004,

because an order on case management by Sinclair-Haynes J (Ag) on March 15, 2004,

obliged him so to do. Up until the commencement of his evidence, there was prima facie

conipliance with the order. The appearance of compliance began to unravel almost

immediately he began his testimony. In examination In chief, Mr. Bryan testified that he

read and signed the statement. He also niktered, unclearly, something about an "X". It

was not quite clear what he was saying about the 'X" but in any event, he concluded his