Roper, Adolphus Sylvester v Kingston Hub Distributors Ltd, David Watson & Ian Goulbourne

JUDGMENT

CIVIL DIVISION

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

SUIT NO. C.L. 1994 R 166

BETWEEN ADOLPHUS SYLVESTER ROPER CLAIMANT

AND

AND

AND

KINGSTON HLB DISTRIBUTORS

LIMITED lST DEFENDANT

DP.V!9 WATSObJ

IAN GOULBOLRNE

2ND DEFEFrnANT

3RD DEFENDANT

Miss L. Green, instructed by Forsythe & Forsythe, for the Claimant.

Mr. H. Haughton Gayle for the 2nd Defendant.

Heard: lofh and isth ~ebruary2 005.

MANGATAL J:

1. This is an application by the Second Defendant seeking an order to set aside the

final judgment entered on the 3 1" day of May 2002 and an order for a new trial of this

personal injury motor claim. The Second Defendant also seeks an order granting

permission to file and serve out of time an amended Defence pleading mechanical latent

defect and what his Attorney-at-Law has termed inevitable accident. This accident

happened nearly 12 years ago; it occurred on the 17Ih of ~a~ 1993.

2. On the 1 lkho f March 1999 the Claimant discontinued the Suit against the First

Defendant. It does not appear as if the Third Defendant was ever served. An