Holdings, Eunice v Yvonne Williams

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLA:IM NO. C.L. H 227 OF 1995

BETWEEN EUNICE HOLDING

AND YVONNE WILLIAMS

CLAIMANT

DEFENDANT

IN CHAMBERS

Mrs. Sharon Gordon-Townsend for the claimant

Miss Marion Rose-Green for the defendant

November 18, December 15,2004 and January 6,2005

d

Sykes J (Ag)

APPLICATION TO SET ASIDE JUDGMENT IN DEFAULT OF DEFENCE

1. On May 31, 1995, Miss Eunice Holding, a domestic helper, received injuries

from a fall in Miss Yvonne Williams' house. Miss Holding alleges that she fell

because of a slippery substance on the floor of the house. She had gone there to

work. She consulted Mr. Richard Brown, attorney at law, who filed a writ of

summons and a statement of claim on her behalf on October 24, 1995. The

defendant's address stated on the writ was 298 Eltham View, Spanish Town, St.

Catherine. Miss Williams says in her affidavit, filed in support of her application to

set aside the judgment in default of defence, that she received the two documents.

She did not say when she received them. Before this application, she never said she

lived at 295 Eltham View and not 298 Eltham View.

2. The defendant entered an appearance on November 29, 1995. Thereafter the

defendant and her legal advisor went to sleep. While they were slumbering, the