IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. CL 2002/G007

BETWEEN RICCO GARTMANN CLAIMANT

AND PETER HARGITA DEFENDANT

Miss Rfulica Wong instructed by

Myers, Fletcher & Gordon for the claimant.

Ian WiIkinson instructed by

Ian Wilkinson & Co.for Defendant.

Heard: September 30 & October 25, 2005

By a specially endorsed Writ of Summons  issued on January 31, 2002 lhl: clain~at~cot mmenced an action against the defendant to recover the sum

of 2,623,924.65 Swiss francs, as a debt due and owiiig by hill). An

unsuccessful application had been made to strike out thc claim fat. want of

jurisdiction. On Yovenllw- 10, 2004 an upplicatic~nw as n~adetu tile defence

out of t i n ~ c . I 'lnis m-as adj~~i111efdor hearing on Scptcnlbcr 30. 1005.

The defendant non. mal\ss rln r~pplicatio~toi distliiss the clr~inio n the

ground that it is statute barred. Subsequent to h i s applicatiot~,th e cl;~imant

filed an affidavit sworn on junc 10. 2004 and a supple~nental~ l'iiiiai-ist\ i.orn

on Junc 18: 2004. Exhibited to the affidavits were, intcl- a l ~ ad, ~ l i ~ ~ l ~ l t ' ~ ~ f ~