Smikle, Herbert v Patrick Nunes, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

C.L. S 178 OF 2002

BETWEEN HERBERT SMIKLE

AND PATRICK NUNES

AND GARTH BANTON

AND KEITH EVANS

AND GLENVILLE KELL.Y

CLAIMANT

FIRST DEFENDANT

SECOND DEFENDANT

THIRD DEFENDANT

FOURTH DEFENDANT

IN CHAMBERS

Sylvester Morris for the claimant

Leroy Equiano and Symone Jarrett for the fourth defendant

January 31, February 16 and March 9, 2007

RULES 15.2, 25.1 (b) AND 26.3 (1) OF THE CIVIL PROCEDWRE RULES, NO

REASONABLE PROSPECT OF SUCCESS

SYKES J.

1.When this matter came before me: for case management the issue was raised of

whether the claimant had any reasonable prospect of success in his claim against

the fourth defendant. The circumstc~ncesth at led to this query sre these.

2.Mr. Herbert Smikle, the claimant, is a farmer and higgler of ljanana Grove in the

parish of Manchester. On June 2,1997, he was a passenger in a motor vehicle owned

by Mr. Garth Banton, the second defendant, and driven by Mr. Patrick Nunes, the

f i r s t defendant. Mr. Keith Evans, tlie third defendant, was thq driver of a truck.

Mr. Kelly, the fourth defendant, was the driver of a Nissan motor car.

3.The pleading of the claimant, despite the errors, stated that Mr. Kelly was driving

down Spur Tree Hill in the parish 01: Manchester when i t was stpuck in the rear by

the truck driven by Mr. Keith Evars. It was agreed during the case management

that Mr. Kelly's car was pushed across the road by the truck into the path of truck

driven by Mr. Patrick Nunes.

4.0n these allegations it is obvious that this claim was bound to fail and so was an

appropriate case to be struck out at this stage. If i t is said that that is stating the

matter too highly, then i t is safe to say that i t had no real prospect of success. The