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Bayview Eco Resort & Spa v Tajhieve West

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

Civil Procedure-Application to amend claim form-Party misnamed in claim form-Party wrongly described by trading name instead of company name-Whether misnaming of party a result of genuine mistakes as to name or identity of party-Whether reasonable doubt as to the identity of party-Effect of expiry of limitation period-Whether claim is a nullity-Whether judge erred in granting amendment of the claim form-Civil Procedure Rules, 2002, Rules 19.4 and 20.6

Civil Procedure-Application to strike out or enter summary judgment-Whether striking out a summary judgment applicable where application to amend name of party granted and claim is not a nullity

Civil Procedure-Costs-Multiple applications-Principles to be considered-Whether judge exercised discretion properly-Civil Procedure Rules, 2002, Rule 65.8

Document Type:

Year: 
2025
Suit/Claim number: 
COA2023CV00105
Neutral Citation: 
[2025] JMCA Civ 38
Judge(s): 
Edwards