National Commercial Bank Ja Ltd v Jamaica Redevelopment Foundation Inc, Donovan Foote

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. 2000 C. L. N. 145

BETWEEN NATIONAL COMMERCIAL

BANK JAMAICA LIMITED 1" CLAIMANT

/

AND JAMAICA REDEVELOPNIENT

FOUNDATION INC. 2ND CLAIMANT

AND DONOVAN FOOTE DEFENDANT ~

Mr. Maurice Manning instructed by Nunes, Scholefield DeLeon & Co. for

Claimants

Mr. Donovan Foote in person 1

/ I /" 1

Practice and Procedure - Trial Date - Defence previously struck out -

No judgment in default entered - Whether evidence required in proof of

Claim - Requirements for claiming interest - Counterclaim not struck

I

out - No defence to Counterclaim - Inconsistency between orders I

requested on Claim and on Counterclaim

October 24,25,26, November 3 and 16,2006

BROOKS, J.

Jamaica Redevelopment Foundation Inc. has, after a number of intervening

transactions eventually acquired debts owed to the National Commercial Bank Jamaica

Limited (N.C.B.). One such debt was said to be owed by Mr. Donovan Foote. N.C.B.

had filed this action against Mr. Foote before it was divested of this dubious asset.

The claim was initially defended by Mr. Foote but his defence was recently struck

out because of his failure to obey certain orders of the court.

Jamaica Redevelopment has appeared at this hearing because, at the time of the

striking out, the case had been already set before the court for trial. It has sought to prove