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National Commercial Bank Jamaica Limited v Peter Jennings, Detective Corporal Kadian Smith and Attorney General of Jamaica

Court: 
Court of Appeal
Subject: 
Tort, Civil Procedure
Keyword(s): 
(Considered on paper pursuant to rule 2.4(3) of the Court of Appeal Rules 2002)
Catchwords: 

Civil law-Tort-Malicious prosecution-Claim for damages for malicious prosecution-Elements of the tort of malicious prosecution-The prosecutor in law for the purposes of a claim for malicious prosecution-Evidence required to determine who procured the prosecution of the claimant

Civil Procedure-Application to strike out the claim-Pleadings in the statement of case-Purpose of pleadings-Deficiencies in pleadings-Abuse of the process of the court-No reasonable grounds for bringing the claim disclosed in the statement of case-Principles to be considered in determining an application to strike out-Whether the pleadings establish the cause of action-Rule 26.3 of the Civil Procedure Rules

Document Type:

Year: 
2025
Suit/Claim number: 
COA2024CV00030
Neutral Citation: 
[2025] JMCA Civ 39
Judge(s): 
McDonald-Bishop P, Straw and V Harris