Gyian, McCalla v Scarlett Biggs, The Attorney General, Earl Planter

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

CLAIM NO. C.L. 19931Mc 105

BETWEEN GYIAN McCALLA CLAIMANT

(an infant by Dotilda Martin his

Guardian and Next Friend)

AND SCARLETT BIGGS 1 ST DEFENDANT

AND THEATTORNEYGENERAL 2ND DEFENDANT

AND EARL PLANTER 3RD DEFENDANT

Mr. Raphael Codlin instructed by Raphael Codlin & Co. for

the Claimant. Dotilda Martin present

Mr. Garfield Haisley instructed by the Director of State

Proceedings for 1'' and 2nd Defendants

Heard: 2gth February and 3rd arch 2005

MANGATAL, J

1. Two applications were heard by me on the 28'h February. One was an application

on behalf of the 1" and 2nd Defendants for the following relief-

(a) That paragraphs 2, 4, 5, 7, 8,11, 12, 13, 14, 15, 16, 17, 19 and 20 and

Exhibits DM1 to DM 16 of the witness Statement of Dotilda Martin be \

struck out.

(b) That the Claim be struck out against the 1" and 2nd Defendants.

(c) That the trial date of 7Ih and 8th March 2005 (next week) be vacated.

(d) Costs.

2. The other application was on behalf of the Claimant seeking the Court's

permission to amend the Statement of Case by adding as paragraph 6 the following:-