Robinson, Ishmael v Clarendon Parish Council & Citibank N.A

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV 02126 OF 2004

BETWEEN ISHMAEL ROBINSON CLAIMANT

AND CLARENDON PARISH COUNCIL FIRST DEFENDANT

AND CITIBANK N.A. SECOND DEFENDANT

IN CHAMBERS

CI Claimant absent and not represented

Miss Suzette Wolfe instructed by Crafton Miller and Company for tlie

first defendant

Mr. Jerome Spencer instructed by Myers, Fletcher and Gordon for

the second defendant

SEPTEMBER 28,30 AND OCTOBER 4,2005

APPLICATION TO SET ASIDE JUDGMENT

c :

SYKES J

I. This is yet another of those very familiar applications to set aside a

regl-~larlyo btained judgment in default of acknowledgment of service. The

application is made solely under r ~ ~1l3e.3 (1) of the Civil Procedure Rules

(CPR) 2002.

2. I am not aware of a y judgment tom the FI-111 Court of the Col.lrt of

Appeal on this rule but there is a not too well known decision of Smith J.A.