Follett, Maria v Bournville Briscoe, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

CLAIM NO. C.L. F 076 OF 1991

BETWEEN

AND

AND

AND

AND

MARIA FOLLElT CLAIMANT

BOURNVILLE BRISCOE FIRST DEFENDANT

EDWARD MENDEZ SECOND DEFENDANT

LENWORTH THOMAS THIRD DEFENDANT

RICARDO THOMAS FOURTH DEFENDANT

IN CHAMBERS

Mr. Ainsworth Campbell for the claimant

Mr. Christopher Samuda instructed by Piper and Samuda for the first and second

defendants

Mr. Kent Gammon instructed by Dunn Cox for the third and fourth defendants

May 8 and 16,2006

APPLICATION TO STRIKE OUT CLAIM FOR WANT OF PROSECUTION

SYKES 3.

1. This is an application by Mr. Bournevill Briscoe and Mr. Edward Mendez, the first and

second defendants, to strike out the claimant's statement of case for want of prosecution. I

granted the application with costs to them. The facts come from the affidavits of Mr.

Christopher Samuda, counsel for the applicants, Mr. Ainsworth Campbell, counsel for the

claimant, and Miss Follet, the claimant. As it has turned out the third and fourth defendants

are only in this case to this point as third parties. The claimant failed to serve them but the

first two defendants joined them as third parties. These are my reasons.

The factual background

2. One of the good things about these applications is that the facts are usually

incontestable. The debate usually surrounds the reasons that led to the facts and the legal