Caribbean Depot Ltd v International Seasoning & Spice Ltd
| Jurisdiction | Jamaica |
| Judgment Date | 07 June 2004 |
| Judgment citation (vLex) | [2004] 6 JJC 0702 |
| Date | 07 June 2004 |
| Court | Court of Appeal (Jamaica) |
JAMAICA
IN THE COURT OF APPEAL
CIVIL PROCEDURE - Procedural appeal - Court of Appeal Rules, Rule 2.4(3) - Default judgment - Setting aside - Whether the judge's decision to set aside judgment on humanitarian grounds was sufficient in law
This is an appeal pursuant to Rule 2.4(3) of the Court of Appeal Rules which provides for the hearing of a procedural appeal on paper by a single judge.
The appeal is from an order of D. Mclntosh J, made on the 6 th day of May, 2004 whereby he set aside a Judgment in Default of Acknowledgement of Service filed on the 10 th day of October, 2003 and served on the 22 nd December, 2003.
The grounds of appeal are:
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(a) The order of the learned judge in Chambers was unreasonable in light of the affidavit evidence presented by the Appellant and the Respondent in the court below.
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(b) The decision of the Learned Judge in Chambers that the Default judgment should be set aside was erroneous in law.
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(c) It was not sufficient for the learned judge to state that he was setting aside the judgment on humanitarian grounds.
In his written submissions in support of the procedural appeal counsel for the appellant stated at para. 7 page 4:
" The Learned Judge in Chambers expressed his view that the Defendant's Affidavits were totally without basis and after hearing the submissions from counsel for the Defendant he indicated there was (a) no appropriate explanation for the delay and (b) that there was no merit shown. Even before hearing submissions from counsel for the Claimant the Learned Judge indicated that he would nevertheless be granting the order on humanitarian grounds .."
The Notice of Appeal with written submissions in support thereof was filed and served on the 17 th May, 2004 pursuant to Rule 2.4(1 ).
The respondent may within 7 days of the receipt of notice of appeal, file and serve on the appellant any written submissions in opposition to the appeal or in support of any cross appeal - See Rule 2.4(2).
The respondent has not exercised the right conferred by Rule 2.4(2) Consequently, the statement attributed to the learned trial judge and repeated at (4) above remains unchallenged.
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...those circumstances is Rule 13.3 (1). 39 This Rule was recently the subject of a procedural appeal in the SCCA 48/2004 -Caribbean Depot Ltd. v International Seasoning & Spice Ltd, heard on the 7 th June 2004, where the Court allowed an appeal from Mr. Justice Mcintosh, who had set aside a j......
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...J Ishmael Robinson v Clarendon Parish Council and Anor. HCV 02126/2004, a judgment of Mr. Justice Sykes and Caribbean Depot Ltd. v International Seasoning & Spice ltd. SCCA 48/2004. These are judgments interpreting rule 13.3 of the Civil Procedure Rules 2002, which was prior to the amendmen......
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...unless the defendant meets all aspects of the triple test laid down by rule 13.3 (1). See Caribbean Depot Ltd. v. International Seasoning & Spice Ltd . S CCA 48/2004 (delivered 7 th June 2004). 8 The evidence to be considered comes from Mr. David McConnell, the Manager for United Estates, i......
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Robinson (Ishmael) v Clarendon Parish Council and Citibank N.A.
...a not too well known decision of Smith J.A. of the Court of Appeal dealing with the point. It is the case of Caribbean Depot Ltd v International Seasoning & Spice Ltd SCCA 48/2004 (delivered June 7, 2004). This was a procedural appeal heard in Chambers. It was an appeal from a decision of D......