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OMeally Johnson, Dorrett v Medical and Immuniodiagnostic Laboratory Limited, Timos Trading and DJH Inc.

Case Number: 
2006 HCV 03983
Neutral Citation: 
[2019] JMSC Civ. 172
Date of Delivery: 
04.10.2019

Claim for damages for negligence – Occupiers’ liability – Application to strike out claim – application for summary judgement – Ancillary claim – Application to strike out – Distinction between application for summary judgment and application to strike out claim on the ground that the claimant’s statement of case discloses no reasonable grounds for bringing a claim – Distinction between application for summary judgment and application for default judgment – Ancillary claimant’s statement of case not verified by a certificate of truth – Whether ancillary claimant’s statement of case should be struck out for failure to verify same with certificate of truth – Need for court to sparingly exercise discretion to strike out – Claimant injured as a consequence of defective chair on the defendant’s premises.