[2025] JMSC Civ. 92
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CIVIL DIVISION
CLAIM NO. SU2020CV03275
BETWEEN
VELROSE COUSINS
CLAIMANT
AND
CHESTER PASSLEY
1st DEFENDANT
AND
AND
CAMECA PASSLEY
CHESTER PASSLEY
(In his capacity as Executor of
the Estate of JOHN PASSLEY)
2nd DEFENDANT
3rd DEFENDANT
IN CHAMBERS
Nicholas Chambers, Attorney-at-Law, instructed by Legal Chambers and Shakeira Dunkley, Attorney-at-Law, of counsel, for the Claimant

[2025] JMSC Civ. 125 IN THE SUPREME COURT OF JUDICATURE OF JAMAICA CIVIL DIVISION CLAIM NO.

CIVIL PROCEDURE: Claimant’s failure to file and serve witness statement and list of documents within the relevant time - Rules 29.11 and 28.14 of the Civil Procedure Rules (CPR) - Application for relief from sanctions - Whether the relevant witness statement and list of documents were filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the failure was unintentional - Whether there was a g

CIVIL PROCEDURE - Application by the claimant for summary judgment against the defendant and/or to strike out the defendant’s defence - Whether summary judgment should be granted in favour of the claimant against the defendant in light of the orders sought in the claimant’s claim form and particulars of claim, which were filed on September 1, 2022 - Whether the defendant’s defence, which was filed on October 27, 2022, should be struck out - Application by the defendant to strike out the claimant’s statement of case or, alternatively, for summary judgment in favour of the defendant - Wh

CIVIL PROCEDURE: Claimant’s failure to file and serve witness statement and list of documents within the relevant time - Rules 29.11 and 28.14 of the Civil Procedure Rules (CPR) - Application for relief from sanctions - Whether the relevant witness statement and list of documents were filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the failure was unintentional - Wh

CIVIL PROCEDURE: 2nd Ancillary Defendant’s failure to file and serve witness statement within the relevant time - Rule 29.11 of the Civil Procedure - Application for relief from sanctions under Rule 26.8 of the CPR - Whether the relevant witness statement was filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the affidavit in support of the application for relief is admissible - Whether

CIVIL PROCEDURE: Applications by the claimant and 2nd defendant for relief from sanctions, arising from the respective parties having failed to file and serve witness statements within the time ordered by the court - Whether the 2nd defendant’s application for relief, filed, is supported by evidence on affidavit - Whether the 2nd defendant’s application for relief was filed promptly - Whether the party in default, the 2nd defendant, generally complied with all other relevant rules, Practice Directions, orders and directions - Whether the failure to comply was unintentional - Wheth

CIVIL PROCEDURE - Application for extension of time to file a defence per rule 26.1(2)(c) of the Civil Procedure Rules - Whether the court should wholly discharge the interim injunctions granted on May 19, 2023 by Mr.

Failure to serve witness statement within the relevant time - Rule 29.11 of the Civil Procedure Rules (CPR) - Application for relief from sanction under Rule 26.8 of the CPR - Application made after trial had begun - Legal effect of irregular order granting extension of time - Whether the relevant witness statement was served within time as prescribed and whether any sanction applies, particularly if the relevant witness statement was filed within time - Whether a sanction applies and, if so, what is that sanction?