Simms, Windell v The Administrator General for Jamaica (Representative of the Estate of Milton Morgan, deceased) v Saunders, Earl; Saunders, Isolyn et al

Case Number: 
2007 HCV 03323
Neutral Citation: 
[2019] JMSC Civ 216
Date of Delivery: 
06.11.2019

Civil Procedure – Claim form not served on the 2nd defendant prior to the expiration of its validity – Whether the claimant can properly proceed on that claim form against the 2nd defendant – Whether the 2nd defendant waived the service of the claim form by his participation in the proceedings – Whether the action is now statute barred – Whether the claimant can properly proceed against the ancillary defendant on the ancillary claim form – Limitation of Actions Act, 1881, section 46, Limitation Act, 21 Ja. I, c. 16, section 3, Civil Procedure Rules, 2002, rules 5.1, 8.14(1), 8.15(1), 8.15(3)(a)(i) and (ii), 18.1, 18.7 and 18.10