Chong, Dennis v The Jamaica Observer Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. C.L.C. 578 of 1995 I

BETWEEN

AND

DENNIS P. CHONG CLAIMANT

THE JAMAICA OBSERVER

LIMITED DEFENDANT

Mr. Crafton S. Miller and Ms. Suzette Wolf instructed by Ctafton S. Miller and

C Co. for the Claimant.

Mr. Winston Spaulding Q.C. instructed by Mr. Charles piper for the Defendant.

I Heard: 12, 13 and 14 February 2007.

Mangatal J:

1. This matter was set down for trial for five dabs commencing 12th

February 2007. By Notice dated gth February 2007 the Defendant's

Attorneys indicated their intention to raise a point of law in

relation to the Claimants7 pleadings and that mattkr has occupied the

Court for the past two days.

2. The application is to strike out paragraph 6 of the Statement of

Claim and particulars thereto and also seeks an odder striking out the

Claim on the basis that the Claimant has failed to comply with the law

requiring him to set out his claim in full and to provide proper

particulars of malice.

3. The Claimant has pleaded in paragraph 6 bf the Statement of

Claim, which is repeated in paragraph 10 of the Reply, that the

Defendant published an article in its newspaper of November 1 1995

which was defamatory of him. He says that the Defepdant published the