Jamculture Ltd v Black River Upper Morass Development Company Ltd et Al

• Jurisdiction: Jamaica
• Court: Court of Appeal (Jamaica)
• Judge: Rome, P.,Forte, J.A.
• Judgment Date: 13 February 1989
• Neutral Citation: JM 1989 CA 29
• Docket Number: Civil Appeal No. 79 of 1988
• Date: 13 February 1989

Court of Appeal

Rowe, P.; Forte, J.A.; Downer, J.A.

Civil Appeal No. 79 of 1988

Jamculture Limited

and

Black River Upper Morass Development Company Limited et al

Appearances:

Mr. Enos Grant for appellant.

Mr. Allan Wood for respondents.

Practice and procedure - Interim payment — Claim for damages — Summons for interim payment — Whether Supreme Court of Jamaica has jurisdiction to award interim payment prior to final judgment — Finding in previous decision that court not conferred with such power — Application for leave to appeal to Judicial Committee of Privy Council — Application refused.

Rome, P.

1 Jamculture Limited, the appellant herein, brought an action against Black River Upper Morass Development Company Limited, the Agricultural Development Corporation and the National Investment Bank of Jamaica Limited claiming damages and on the 18th of November, 1988 the appellant issued a summons for interim payment seeking an order that all the defendants or any one or two of them make an interim payment to the plaintiff/appellant on account of the damages claimed in the action.

2 This application came before Reckord, J. when the point was taken by the defendants/respondents that the Court in Jamaica has no jurisdiction to hear and to make an order for interim payment. Reckord, J. thought that the Court had jurisdiction and from his order to that effect an appeal has taken to this Court.

3 On the 19th of December, 1988 this Court allowed the appeal and in its written reasons for judgment held that to accept the position advocated by the appellant in this particular case would be an unwarranted and wholly unjustified interpretation of section 686 of the Judicature (Civil Procedure Code) because it would then be creating substantive rights which do not otherwise exist at common law, in equity,...