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Ministry of National Security v Lyn's Funeral Home Limited, Gateway Mortuary Services and Funeral Supplies Limited (T/A Morgan's Funeral Home), St. Michael's Funeral Home Limited, Witter & Son Company Limited and Robert's Funeral Home and Services Limited

Court: 
Court of Appeal
Subject: 
Judicial Review
Catchwords: 

Judicial review-Application to set aside grant of leave to file a claim for judicial review-Jurisdiction of a judge of concurrent jurisdiction to set aside orders granted ex parte-Rules 11.16 and 56.3 of the Civil Procedure Rules, 2002 ('CPR')

Judicial review-Whether affidavit sworn in support of leave application was properly before the court and in compliance with rule 56.3 and 56.9(3)(d) of the CPR

Judicial review-Whether there was sufficient basis to set aside the grant of leave to file a claim for judicial review-Whether there is an arguable ground leave to file a claim for judicial review-Whether there is an arguable ground for judicial review with a realistic prospect of success-Rules 56.2(2)(a), 56.2(2)(e), 56.6(1), 56.6(2) and 56.6(5) of the CPR

Document Type:

Year: 
2025
Suit/Claim number: 
86/2018
Neutral Citation: 
2025 JMCA Civ 37
Judge(s): 
P Williams and Simmons