Chen, Tyrone v Constance Cecile Alberga (Executrix of the Estate of Roderick Ivanhoe Francis, deceased) and Constance Cecile Alberga

Case Number: 
2017HCV00616
Neutral Citation: 
[2019] JMSC Civ 209
Date of Delivery: 
25.10.2019

Application to strike out statement of case – Limitation of Actions Act (LAA) – Simple contract – applicable limitation period – six years – ss. 3 and 46 LAA – no reasonable ground for bringing the claim – abuse of court’s process – No proof of oral agreement/ agreement in writing qualifying as a contract under seal, deed, specialty or obligatory writing for which the limitation period under s. 52 of the LAA is twenty years – Equitable jurisdiction of the court cannot override statute