Lyle, Allan v Vernon Lyle

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV 0224612004

BETWEEN ALLAN LYLE CLAIMANT

AND VERNON LYLE DEFENDANT

Ms. Tasha McDonald instructed by Lyn-Cooke Golding & Company for Claimant

Mr. George Traile instructed by Phillips Traile & Company for Defendant

Heard: May 10,2005

Sinclair-Haynes, J

Mr. Allan Lyle (claimant) is the son of 74-year-old Vernon Lyle (defendant) who I I

is presently very ill. His extensive list of illnesses includes Alzheimer's. On September

22, 2004, Mr. Allan Lyle sued his father for the sum of $4,800,000.00 with interest in the

sum of $384,000.00. The defendant was served with the proceedings on September 25,

2004. Mrs. Evadney Lyle, the defendant's wife, on November 12, 2004, filed a defence,

which was outside the time prescribed by the Civil Procedure Rules (CPR), 2002.

The defendant did not obtain the consent of the claimant to file the defence out of

time; nor was the leave of the court sought as required by the CPR. The defence was

signed by the defendant's wife who had no locus standi so to do. She was merely armed

with a limited Power of Attorney, which did not authorise her to defend the matter.

Claimant's claim

It is the claimant's claim that in October 1988 whilst he resided in the USA, he

remitted the sum of US$100,000.00 to his father to purchase a house for him. Upon his