Tarzan Mighty v Michael Wilson, etal

IN 'THE SUPREME COURT OF JUDICATURE OF JAMAICA

:IN COMMON LAW

CL 1999 OF M 188

BETWEEN TARZAN MIGHTY

AND MICHAEL WILSON

AND ONEIL MARSHALL

CLAIMANT

FIRST DEFENDANT

SECOND DEFENDANT

IN CHAMBERS

C Miss Carol Sewell for the claimant

I Miss Catherine Minto instructed by Nunes, Scholefield, Deleon and I

I

Company for the first defendant i

February 4,11,17 and 23,2005

APPLICATION TO SET ASIDE JUDGMENT

Sykes J

1. The first defendant, Mr. Michael Wilson, has applied to set aside the

judgment against him on the basis that Mr. Lawson, the process server, did

not serve him with the writ of summons and statement of claim. He says

that it was the arrival of the bailiff, who came to enforce the judgment, that

alerted him to the fact that judgment was entered against him and that

damages were assessed. Mr. Tarzan Mighty, the claimant resists this

application on the basis that Mr. Wilson was properly served. Both sides

called witnesses. Mr. Wilson testified and was cross-examined. The

claimant relied on the process server, Mr. Delroy Lawson, a formef police