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Palmer, Adidja v Minister of National Security, Superintendent of Tower Street Adult Correctional Centre and the Attorney General of Jamaica

Case Number: 
SU 2023 CV 01798
Neutral Citation: 
[2023] JMSC Civ 179
Date of Delivery: 
20.09.2023

Injunction – Application for the grant of an interlocutory injunction – Application for the grant of an interlocutory injunction made against the background of a constitutional claim challenging the legality of an inmate being held in solitary confinement – Whether there is a serious issue to be tried – Whether the application is frivolous and vexatious or amounts to an abuse of the process of the court Natural justice – Due process – Inmate allegedly found in possession of a prohibited article – Inmate employed to his cell while investigations are pending – Whether inmate afforded the right to due process Civil procedure – Amendment to statement of case – Amendment to statement of case prior to the first hearing of the fixed date claim form – Whether the amendment is properly made – Whether the permission of the court is required for the amendment to be made – Whether the amendment amounts to an abuse of the process of the court Misjoinder – Misjoinder of parties – Whether the proper parties have been named to the application – The Judicature (Supreme Court) Act, section 49(h), The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 16 and 19, The Corrections (Amendment) Act, 2021, sections 3, 5, 6, 7, 9, 35, 36 and 38A, The Correctional Institution (Adult Correctional Centre) Rules, 1991, rules 129 and 157, Civil Procedure Rules, 2002, as amended, rules 17.1(1)(a), 17.4, 19.2(1) and 19.2(2) 

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