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Judgment

Kenneth Ebank v Ray Plain

Civ App 0005/1989 · 1989-04-24

Validity of service of writ; Discretion to set aside prior orders; Treatment of writ as generally endorsed; Pleading procedure

Full metadata
Cause Number Civ App 0005/1989
Court CICA (Civ)
Judge Georges JA, Henry JA, Zacca JA
Parties Kenneth Ebank v Ray Plain
Judgment Date 1989-04-24
Subject Validity of service of writ; Discretion to set aside prior orders; Treatment of writ as generally endorsed; Pleading procedure
Filename (current) 89-04-24_kenneth_ebank_v_ray_plain.pdf
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In the Court of Appeal of the Cayman Islands — Civil Division
Cause No. Civ App 0005/1989
Between
Kenneth Ebank
- v -
Ray Plain
Before
Georges JA, Henry JA, Zacca JA
Judgment delivered 1989-04-24

IN THE CAYMAN ISLANDS COURT OF APPEAL
HOLDEN AT GEORGE TOWN, GRAND CAYMAN
GRAND COURT NO. 163 OF 1988
C.I.C.A. CIVIL APPEAL NO. 5 OF 1989

CERTIFICATE OF THE ORDER OF THE COURT

Appeal from the Orders of the Grand Court dated the 9th day of January, 1989 and 20th January, 1989.

BETWEEN:
KENNETH EBANKS
PLAINTIFF/APPELLANT

AND:
RAY PLAIN
DEFENDANT/RESPONDENT

THIS appeal coming on for hearing on the 14th day of April, 1989 and the 24th day of April, 1989.

Before:
The Honourable President Mr. Justice Zacca
The Honourable Mr. Justice Georges, J.A.
The Honourable Mr. Justice Henry, J.A.

In the presence of: Mr. Polack of Ritch & Conolly for the Appellant and Mr. Shea of Hunter & Hunter for the Respondent.

I HEREBY CERTIFY that an Order was made as follows:--

Appeal allowed in part. We conclude that the learned Chief Justice correctly exercised his discretion in his ruling of 9th January, 1989 when he set aside the Order of 8th August, 1988 together with the Order of 9th September, (1988). The Order of the learned Chief Justice (dated 20th January, 1989), striking out the Writ is set aside. Consequently the Order to have service of it is set aside.

It is ordered that the Writ be treated as a generally endorsed Writ. The Plaintiff will deliver his Statement of Claim within 21 days and thereafter pleadings will proceed in the normal manner.

Respondent to have costs of the application to have it set aside and of the proceedings ancillary thereto. Costs of the appeal to be costs in the cause. Money paid into Court to be returned to the defendant.

Reasons to be put into writing at a later date.

Given under my hand and the seal of the Court this 24th day of April, 1989.

To:
Messrs Ritch & Conolly
Messrs Hunter & Hunter

File GosG
28/6/89

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