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A world-class judiciary utilizing innovation and technology for efficient service delivery.

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To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

Tharpe, Anthony, Successors in the interest of Business Ventures & Solutions et al v Robinson, Alexis, Myers Fletcher & Gordon and Graham, John et al

Case Number: 
SU 2019 CV 04009
Neutral Citation: 
[2022] JMSC Civ 66
Date of Delivery: 
26.05.2022

Civil procedure – Striking out – Application to strike out claimants’ statement of case – Whether the claimants’ statement of case ought properly to be struck out – The approach of the court in dealing with an application to strike out – Whether the 1st claimant has the requisite standing to bring the claim – Whether the claimants have sufficiently particularized the claim – Whether the claimants’ statement of case as framed constitutes an abuse of the process of the court – Whether the claimants’ statement of case is prolix, frivolous and vexatious and without merit – Whether the claimants’ statement of case discloses any reasonable grounds for bringing the claim
Summary judgment – Whether in the alternative the court should grant summary judgment in favour of the defendants against the claimants – The approach of the court in dealing with an application for summary judgment – Whether the claimants’ claim has any real prospect of success
Burden – Burden of proof – Standard – Standard of proof – Civil Procedure Rules, 2002, rules 8.7, 8.9(1), 15.2, 15.3(4) and 26.3(1)

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Strategic Plan for the Jamaican Judiciary 2024-2028