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Tharpe, Anthony v Nicole Walters Wellington (The Registrar of The Supreme Court of Judicature of Jamaica) and Bryan Sykes (Chief Justice of The Supreme Court of Judicature of Jamaica)

Court: 
Supreme Court
Subject: 
Civil Procedure
Catchwords: 

Civil Procedure-Striking out-Application to strike out claimant's statement of case-Whether the claimant's statement of case properly to be struck out-The approach of the court in dealing with an application to strike out-Whether the claimant has sufficiently particularized an abuse of the process of the court-Whether the claimant's statement of case is prolix, frivolous and vexations and without merit-Whether the claimant's statement of case discloses any reasonable grounds for bringing the claim

Whether a crown servant may be sued in his or her official capacity-Whether any proceedings shall lie against the crown in respect of anything done or omitted to be done while discharging any responsibility of a judicial nature or in connection with the execution of judicial process

Burden-Burden of proof-Standard-Standard of proof-Crown Proceedings Act, sections 2 and 3(5), Civil Procedure Rules, 2002, 8.7, 8.9(1), 26.3(1), and 59.2(1)

Document Type:

Year: 
2025
Suit/Claim number: 
SU 2023 CV 02935
Judge(s): 
A. Nembhard J