Grains Jamaica Ltd v Danny Wiginton et Al

• Jurisdiction: Jamaica
• Judge: ANDERSON: J
• Judgment Date: 21 November 2003
• Judgment citation (vLex): [2003] 11 JJC 2101
• Court: Supreme Court (Jamaica)
• Date: 21 November 2003
• Docket Number: SUIT NO. C.L. G 107 OF 2001

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. G 107 OF 2001

BETWEEN

GRAINS JAMAICA LIMITED

PLAINTIFF

AND

DANNY WIGINTON

1 ^ST DEFENDANT

AND

LYN WIGINTON

2 ^ND DEFENDANT

AND

CHRISTOPHER WIGINTON

3 ^RD DEFENDANT

AND

CRG LEE CORPORATION

4 ^TH DEFENDANT

CIVIL PROCEDURE - Default judgment - Application to set aside judgment previously given - Security for costs - Prohibitory injunction

ANDERSON: J

1 The plaintiff is a limited liability company, registered under the Companies Act. The Defendant, Danny Wiginton is a businessman. He is one of the characters in the dramatis personae in this matter which has spawned at least two (2) suits. The issues have involved several persons, in various aspects of those suits, including at least one person who has died since these matters arose, as well as the Trade Board.

2 In the instant proceedings, there are three (3) summonses before me. In one, the defendants seek to set aside a default judgment previously given against them. Secondly, the Defendants also seek an order for security for costs against the plaintiff by way of Summons. That Summons asks for an Order that

• 1. The Plaintiff do provide Security for Costs of this action in an appropriate sum;

• 2. Pending the provision of such security, the action be stayed:

3 In the third, the plaintiff seeks an injunction against the defendants in the following terms:

• 1. The 4th Defendant, its servants or agents be restrained from the date hereof, until trial whether by itself, its servant and/or agents or otherwise however from asserting any rights to the Plaintiff's assets as creditor under a loan agreement and/or debenture dated 31st August 1999, which said loan agreement and/or debenture has been determined by repayment of the loan.

• 2. That the 1 ^st Defendant, his servants or agents be restrained from the date hereof until trial whether by itself, its servant and/or agents or otherwise however from asserting any rights to the Plaintiff's assets as creditor under a loan agreement and/or debenture dated 31st August 1999, which said, loan agreement and/or debenture (Plaintiff) contends has been determined by repayment of the loan.

• 3. That the 4th Defendant its servants or agents be restrained from the date hereof until trial from entering the Plaintiff s offices at Pimento Way, Montego Bay in the parish of St. James for the purpose of asserting any rights to the Plaintiffs assets as creditor under a loan agreement and/or debenture dated 31st August 1999

• 4. That the 1st Defendant his servants or agents be restrained from the date hereof until trial from entering the Plaintiff's offices at Pimento Way, Montego Bay in the parish of St. James for the purpose of asserting any rights to the Plaintiff's assets as creditor under a loan agreement and/or debenture dated 31st August 1999.

4 The plaintiff's Summons for an injunction is to be heard first. However, Mr. George for the defendants moved the court to hear a preliminary point in limine, as to why the Court should not entertain the application for the injunction. Ms. Davis objected on the basis, among others reasons, that she had not come prepared to meet that preliminary objection. I ruled that the hearing of the preliminary point should proceed, since any prejudice to the plaintiff in this regard would be...