Wylie (James), Lorna Wylie and Richard Wint v David West, Christopher West, Douglas West, Marshaleen Forsyth, Jerome Smith and Richard Smith

• Jurisdiction: Jamaica
• Judge: MORRISON, J.A.
• Judgment Date: 13 August 2008
• Neutral Citation: JM 2008 CA 75
• Judgment citation (vLex): [2008] 8 JJC 1301
• Date: 13 August 2008
• Court: Court of Appeal (Jamaica)

IN THE COURT OF APPEAL

BETWEEN

JAMES WYLLIE

1 ^ST DEFENDANT/APPELLANT

LORNA WYLLIE

2 ^ND DEFENDANT/APPELLANT

RICHARD WINT

3 ^RD DEFENDANT/APPELLANT

AND

DAVID WEST

1 ^ST CLAIMANT/RESPONDENT

CHRISTOPHER WEST

2 ^ND CLAIMANT/RESPONDENT

DOUGLAS WEST

3 ^RD CLAIMANT/RESPONDENT

MARSHALEEN FORSYTHE

4 ^TH CLAIMANT/RESPONDENT

JEROME SMITH

5 ^TH CLAIMANT/RESPONDENT

RICHARD SMITH

6 ^TH CLAIMANT/RESPONDENT

CIVIL PROCEDURE - Appeal - Procedural appeal - Striking out of fixed date claim form not signed with duly authorized signatures - Civil Procedure Rules 26.9

MORRISON, J.A

1 This is an appeal from an order made by Sinclair-Haynes J on 19 October, 2007 dismissing a preliminary objection made on behalf of the appellants (the defendants in the court below). Although Notice of Appeal together with written submissions in support were filed on 1 November 2007 followed by written submissions on behalf of the respondents on 2 November 2007, the learned judge's written judgment did not become available until 30 June 2008, hence the delay in this appeal receiving consideration.

2 On 11 July 2007, an application was made by Fixed Date Claim Form seeking injunctive relief and recovery of possession of property on behalf of the respondents who were the claimants in the court below) against the appellants.

3 An application for an interlocutory injunction came on for hearing before Sinclair Haynes, J on 27 September 2007, at which time the appellants through their counsel took a preliminary objection that the Fixed Date Claim Form was not signed by the respondents or their attorneys-at-law in breach of Rules 22.1 of the Civil Procedure Rules ("CPR") and section 149 of the Registration of Titles Act ("the RTA"). However, it does not appear that any formal written application to strike out was filed and the matter was adjourned for 12 October 2007.

4 On 3 October 2007, however, the respondents filed an amended Fixed Date Claim Form which was now only signed by their attorneys-at-law on their behalf. The hearing of the preliminary objection in due course commenced on 12 October 2007 and concluded on 19 October 2007, when the learned judge dismissed the objection, ruling that the...