Clarke, Lee Roy v Life of Jamaica Ltd.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

SUIT NO. HCV 0850/2003

BETWEEN LEE ROY CLARKE CLAIMANT

AND LIFE OF JAMAICA LIMITED DEFENDANT

Mrs. Ingrid Lee Clarke-Bennett instructed by Pollard Lee Clarke and Associate for

Claimant.

C; Patrick McDonald instructed by Hart Muirhead Fatta for Defendant.

Heard 13'~O ctober 2004 and 22ndJ uly 2005

Campbell J.

On 8" April 2004, the Defendant filed a Notice of Application for Court

orders seeking the following orders at Case Management that the Claimants' case

be dismissed pursuant to Rule 26.1 (2) 0) of the CPR and for Summary Judgment

pursuant to Rule 15.2 of the Civil Procedure Rules 2002 after deciding the issues;

C.

(1) Whether the Claimant is barred from pursuing a claim for damages for

breach of contract on the basis that the alleged breach of contract

occurred more than six (6) years prior to the Claimant bringing his claim.

(2) Whether the Claimants' claim for fraudulent misrepresentation seeking

damages is statute-barred.

On the 23rd day of April 2004, the Court ordered that the Claimant withdraw

its claim for breach of contract.