Stephenson, George v Dalvester Smith

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. 2004 HCV 00990

BETWEEN GEORGE STEPHENSON CLAIMANT

A N D DALVESTER SMITH DEFENDANT

Miss Catherine Minto instructed by Nunes Scholefield DeLeon & Co. for

Plaintiff.

Mrs. Suzette Campbell instructed by Campbell and Campbell for Defendant.

PRACTICE AND PROCEDUREAPPLICATION

TO SET ASIDE JUDGMENT IN DEFAULT OF

ACKNOWLEDGEMENT OF SERVICEWHETHER

DEFENCE HAS A REAL PROSPECT OF SUCCESS

3RD,s THan d llthA pril 2006

BROOKS, J.

There is more to this case than initially meets the eye. In his

Particulars of Claim filed in this action Mr. George Stephenson avers that

Mr. Dalvester Smith's motor vehicle struck Mr. Stephenson while the latter

was a pedestrian, and that the incident arose out of Mr. Smith's negligence

as he drove that vehicle. It seems however that the incident, which took

place on 14th November, 2002 was more than mere happenstance. The two

men were in fact two of the sides of a love triangle, and the event took place

outside the home of the lady attracting their attention.