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Tharpe, Anthony, Successors in the Interest of, Business Ventures & Solutions Inc. and All Damaged Parties; Judgment Creditors v Alexis Robinson, Myers, Fletcher & Gordon, John Graham, John Graham and Company, Suzette Spence, Nicola Delaphenha and All Named and Unnamed Parties with Interest Cold Well Banker

Court: 
Supreme Court
Catchwords: 

Civil procedure-Striking out-Application to strike out claimants' statement of case-Whether the claimants' statement of case ought properly to be struck out-The approach of the court on dealing with an application to strike out-Whether the 1st claimant has the requiste standing to bring the claim-Whether the claimants have sufficiently particularized the claim-Whether the claimants' statement of case as framed constitutes an abuse of the process of the court-Whether the claimants' statement of case in prolix, frivolous and vexatious and without merit-Whether the claimants' statement of case discloses any reasonble grounds for bringing the claim

Summary judgment-Whether in the alternative the court should grant summary judgment in favour of the defendants against the claimants-The Approach of the court in dealing with an application for summary judgment-Whether the claimants' claim has any real prospect of success

Burden-Burden of proof-Standard of proof-Civil Procedure Rules, 2002, rules 8.7, 8.9(1), 15.2, 15.3(4) and 26.3(1)

Document Type:

Year: 
2022
Suit/Claim number: 
SU 2019 CV 04009
Neutral Citation: 
[2022] JMSC Civ 66