Manning, Donald v Clifford Edmond

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. CL 1999/M117

BETWEEN DONALD MANNING CLAIMANT

AND CLIFFORD EDMOND DEFENDANT

Mr. Debayo Adedipe for the Claimant

Miss Grace Ann Cameron-Small instructed by Lyn-Cook Golding & Company for the

Defendant

Heard: June 2 1,2007 and September 21,2007

Sinclair Haynes J

On the lgth April 2001 Interlocutory Judgment in Default of Appearance was

entered against the defendant. The claimant obtained an order to proceed to Assessment

of Damages on the 2gth November 2001. The matter was set down for Assessment of

Damages on the 2nd of November 2004. On the gth November, the defendant appeared

and the matter was adjourned to the gth November 2005. The defendant applied to set

aside the judgment and has since raised a preliminary objection that the court has no

locus standi to deal with this matter because the matter has been automatically struck out

by virtue of the claimant's non compliance with rule 73.4 (3).

Submissions bv Miss Grace Ann Cameron-Small on behalf of DefendanUApplicant

Miss Grace Ann Cameron-Small submitted that the defendant's failure to comply

with part 73 of the Civil Procedure Rules (CPR) results in the automatic striking out of

the matter.