Wilson v Shann

 
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Supreme Court

Panton, J.

C.L. W 129 of 1990

Wilson
and
Shann
Appearances:

Bert Samuels for plaintiffs — instructed by Knight, Pickersgill, Dowding & Samuels.

Pauline Findlay for defendant — instructed by Dunn, Cox & Orrett.

Injunction - Plaintiff sought (until the trail of the action) “an injunction restraining the defendant, his servant or agent from permitting the playing of the finals in the 1990 Annual Hockey Competition between Kingston College Old Boys Hockey Club (KCOBHC) and RUHC on the 19 th July, 1990”— Whether the wrong defendant was before the court — Whether there was a serious issue to be tried — Finding of the court that the defendant cannot be restrained because he has not been sued in a representative capacity and is not in the Association — The Association has followed the procedure laid down and accepted by its members and there seems to be lacking a serious point of law for trail — Summons was dismissed.

Panton, J.
1

The plaintiffs have filed a writ of summons with an indorsement seeking –

  • “1. a declaration that the defendant … wrongly awarded points against the plaintiffs … when they … failed to field a team for the … match scheduled for the 10th of May, 1990; and

  • 2. an injunction restraining the defendant, his servant, or agent from permitting the playing of the finals in the 1990 Annual Hockey Competition between Kingston College Old Boys Hockey Club and Raiders United Hockey Club.”

2

In the instant summons before me, the plaintiffs are seeking (until the trial of the action) “an injunction restraining the defendant, his servant or agent from permitting the playing of the finals in the 1990 Annual Hockey Competition between Kingston College Old Boys Hockey Club and Raiders United Hockey Club on the 19th of July, 1990.”

3

The circumstances that have been set out in the affidavits are that the plaintiffs' club, Circus Circle, was given either 2 or 3 days' notice of a match between them and Kingston College Old Boys. The first named plaintiff indicated to a member of the Competitions Committee of the Jamaica Men's Hockey Association (hereinafter called “The Association”) which organises the competition that Circus Circle would not be able to field a team in the given time.

4

The first-named plaintiff further orally sought a postponement of the match. The Competitions Committee subsequently refused the request for a postponement. Circus Circle did not show on the date appointed for the match and the Competitions Committee awarded the points to Kingston College Old Boys.

5

Circus Circle protested in writing to the Technical Committee of the Association which dealt with the protest by confirming the decision to award points to Kingston College Old Boys.

6

The defendant who is President of the Association summoned a special general meeting of...

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