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A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

Guyah, Omar and Cordelia Brown v Rowe, Devon, Financial Secretary and the Attorney General et al consolidated with Guyah, Omar et l v Drummond, Jack and Winston Lawrence et al

Case Number: 
2015 HCV 04694
Neutral Citation: 
[2022] JMFC Full 04
Date of Delivery: 
26.07.2022

Interdiction – Whether there should be a hearing before a public officer is interdicted – Whether there should be a hearing before salary is withheld upon interdiction - Whether salary constitutes property
Tort – Malicious prosecution – Whether the customs officers acted with malice in prosecuting the claimants – Whether the customs officers acted with reasonable and probable cause in prosecuting the claimants –
False imprisonment – Whether the claimants were falsely imprisoned – Whether the initial arrest of the 1st claimant was lawful – Whether the detention of the 1st claimant was unduly long and unexplained – Whether the customs officers acted with reasonable and probable cause in detaining the claimant – Whether the customs officers acted with malice
Misfeasance in public office – Criminal charges against the claimants dismissed for want of prosecution in the court below – Whether the plea of autrefois acquit applies
Administrative law – Administrative orders – Declarations sought
Constitutional law – Constitutional relief – Right to a fair trial within a reasonable time – Right to liberty – Right to property
Whether dismissal of criminal charge is an acquittal within the meaning of Public Service Regulations
Constitution of Jamaica – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011 – sections 14, 15, 16(2) - The Jamaica (Constitution) Order in Council, 1962 – sections 32, 125, 127 - Public Service

Regulations – 28, 32, 34, 43, 47, Revenue Administration Act – sections 6, 8 1 13 – Customs Act – sections 2, 3, 91, 203, 210, 219, Constabulary Force Act – section 13, 33

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Strategic Plan for the Jamaican Judiciary 2024-2028