Williams, Girvan v Omotoso Uzwale

• Jurisdiction: Jamaica
• Court: Supreme Court (Jamaica)
• Judge: DAYE, J (Ag.)
• Judgment Date: 22 November 2002
• Judgment citation (vLex): [2002] 11 JJC 2201
• Docket Number: SUIT NO. C.L. 1996/W 239
• Date: 22 November 2002

BETWEEN

GIRVAN WILLIAMS

PLAINTIFF

AND

OMOTOSO UZWALE

DEFENDANT

IN CHAMBERS

SUIT NO. C.L. 1996/W 239

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL PROCEDURE - Summons - Setting aside of proceedings ex debito justitiae - Whether judgment irregular - Whether judgment null and void

DAYE, J (Ag.)

1 The issue in this summons to set aside proceedings rest on whether the writ of summons dated the 5 Sept. 1996, which commenced this action was served on the applicant/ defendant.

2 The applicant/defendant contends the writ of summons and the Statement of Claim was not served on him and challenges the affidavit of Detective Corporal Ross of September 8, 1996. He further contends that the judgment and all proceedings accordingly were irregularly obtained and applies them be to set aside ex debito (italics) justitiae.

3 I accept as a the principle of law that any judgment obtained without jurisdiction, e.g. without a writ being served or not properly served, can be set aside as a nullity by this court in its inherent discretion. I accept also that it is never too late to set aside an order made without jurisdiction.

4 Having heard the submissions of law of counsel on both sides I formed the view that there were issues of fact concerning the writ of summons to be determined. This was necessary before the law could be applied.. As a result counsel agreed with the...