You are here

Bengal Development Company Limited v Wendy A Lee, Martin Hopwood, Anne Hopwood, Tracey D Shirley, Karlene McDonnough, Patricia Dale, Alec Henderson, Shermain Woodhouse, the Attorney General for Jamaica and the Natural Resources Conservation Authority

Court: 
Court of Appeal
Subject: 
Civil Procedure
Catchwords: 

Civil Procedure-Environment permit granted to private company for mining and quarrying activities on land zoned for special protection-Claim for breach of constitutional rights to enjoy a healthy and productive environment free from threat of injury of damage from environmental abuse-Private company joined as defendant to the claim-Application to strike out constitutional claim-Whether the claim is an abuse of process-Whether judicial review is the more appropriate remedy-Whether the claim discloses no reasonable grounds for bringing it against the private company-Whether the claim against the private company is vexatious and frivolous - Civil Procedure Rules, 2002, Rule 26.3 and Part 56- Constitution of Jamaica, section 19

Document Type:

Year: 
2025
Suit/Claim number: 
COA2021CV00038
Neutral Citation: 
[2025] JMCA Civ 9
Judge(s): 
McDonald-Bishop