K & B Enterprises Ltd v NCB JA Ltd

 IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMERCIAL DIVISION

CLAIM NO. C.D. 0003 OF 2003

BETWEEN K & B ENTERPRISES

LIMITED

APPLICANT1

CLAIMANT

A N D NATIONAL COMMERCIAL RESPONDENT1

BANK JAMAICA LIMITED DEFENDANT

(SUCCESSORS TO MUTUAL

SECURITY BANK LIMITED)

Lord Gifford Q.C., Sheila Tornlirl instructed by Gifford Thompson

and Bright for ApplicantIClaimant.

Dave Garcia and Kwame Gordon instructed by Myers Fletcher &

Gordon for RespondentIDefendant.

Heard: July 3rd*and6 '" 2006

Cor: Rattray, J.

1. The issue before the Court is whether to grant ,the amendment

sought by the Claimant to add to its claim under the heading

"Particulars of Damage1', details and figures previously orr~itted

from the amended Statement of Claim.

2. The application came before this Court for hearing on the 3rd July,

2006, one week prior to the date fixed for tlie trial of this action,

which was set down for four (4) days. The Civil Procedure Rules

permit a party to amend its Statement of Case without the Court's

perrrlission at any 'time before .the Case Management Conference.

see Rule 20.1. After tlie first Case Management Conference