Collins, Paul v Air Jamaica Ltd, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. C.L. 1995/C-203

BETWEEN PAUL COLLINS CLAIMANT

AND AIR JAMAICA LIMITED DEFENDANT

ORDERED TO BE HEARD TOGETHER WITH

CLAIM NO. C.L. 1994 / L162

BETWEEN CHRISTINE L~ZN CLAIMANT

AND AIR JAMAICA LIMITED DEFENDANT

Mr. Kipcho West, instructed by Urong Ken & Co. for the Claimant.

Mr. Dave Garcia instructed by Myers Fletcher & Gordon for the

Defendant.

Heard: November 15 2006, and March 16 2007.

Mangatal J:

1. At a case management conference held on the 13th December 2004

I ordered that there be a determination of the following preliminary

point:

Whether the letter of May i', 1990 (in the case of Paul Collins) and

the letter of June 27, 1990 (in the case of Christine Lyn) constitute

an enforceable contract between the parties.

2. At that time it was also ordered(at the request of the Claimants'

Attorneys that they be permitted so to do) that the Claimants file

Affidavits in relation to tht: preliminary point by the 17th day of

January 2005. The Defendant was permitted to file an Affidavit in

response, if so advised, by the 2nd day of February 2005.

3. For a number of reasons thz preliminary points were not able to be

heard until November last year. At a further case management

conference held in the interim, in particular, on the 24th January