Jamaica International Insurance Co Ltd v the Admin General for ...

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to in paragraph [2] herein, filed on 8 September 2010, was served on the applicant’sattorneys-at-law on 23 September 2010. The application was supported firstly by theaffidavit of Anthony Bentley sworn to on 29 October 2010 who deposed to hisunsuccessful efforts to effect service of the claim form, particulars of claim and otheraccompanying documents prescribed by the Civil Procedure Rules (CPR) on Mr Williamsat his known place of abode at 851 Willowdene Thruway Spanish Town in the parish ofSaint Catherine. Mr Bentley stated that he had made several attempts in the month ofDecember 2009 to locate Mr Williams but had found no-one there. He had also madeseveral inquiries in the area up to June 2010 and had been unable to obtain anyinformation as to his whereabouts. He therefore returned the documents to theattorneys for the respondent. This affidavit was filed on 1 November 2010.[10] The affidavit of urgency of Alvira Wiggins, mother of the deceased, was alsosworn to on 29 October 2010. It spoke to the death of her son in the motor vehicleaccident and attached the police report of the accident dated 27 August 2004 and aletter of 13 January 2006 from the Jamaica Constabulary Force attaching statements ofpassengers in the deceased’s vehicle at the time of the collision. The letter, which waswritten by the superintendent of police of the St Catherine North Division, in respect ofthe estate of Rhoan Wiggins, stated that Mr Williams had been convicted of the offenceof causing death by dangerous driving for which a fine of $100,000.00 or nine monthsimprisonment had been imposed. The statements were from Jennifer Monteith whoclaimed to be the fiancé of the deceased and who had been seated in the frontpassenger seat of the deceased’s motor car. In her statement she said that she had
seen a motor vehicle approaching the deceased’s car while overtaking another cararound a corner at a fast speed. There was a collision; she felt the impact of the sameand could not recall anything else. She was taken to the hospital. She received injuriesto her head, chest and her right leg which had been broken in two places.[11] The second statement was from Mr Dennis Wiggins, the brother of the deceased,who was seated in the rear of the car. He too suffered injuries to his face, mouth, neck,chest, right leg and his right arm had been broken.[12] The third statement was from Corporal Wilfred James who had investigated themotor vehicle accident. His statement contained information about the width of theroad, the damaged vehicles, and his visit to the Spanish Town Hospital where he sawMiss Monteith, Mr Wiggins and the body of the deceased. He stated that he had latervisited Lot 421, St General Road, Green Acres in Spanish Town where he had spoken toMr Williamswho denied that he had been overtaking at the material time. Henonetheless warned Mr Williams for prosecution.[13] Miss Wiggins also indicated in her affidavit that the deceased’s father, herselfand the two minor children were the deceased’s dependants. She stated that therespondent had experienced difficulties obtaining information in relation to the estate,and so was unable to instruct attorneys in the matter; also the beneficiaries had notbeen ascertained as there was a dispute as to who was the spouse of the deceased atthe time of his death. She deposed further that she had been informed that althoughseveral attempts had been made to serve Mr Williams, they had been unsuccessful and
Page 1 and 2: [2013] JMCA App 2JAMAICAIN THE COUR
Page 3 and 4: This application was supported by t
Page 5: [7] This application was supported
Page 9 and 10: Morgan had been denied by the court
Page 11 and 12: The contrary position, from the app
Page 13 and 14: of manslaughter for the death of th
Page 15 and 16: concluded that the prejudice agains
Page 17 and 18: [28] Mr Patterson’s explanation f
Page 19 and 20: y Messrs Samuda and Johnson and tha
Page 21 and 22: Keith Williams v Attorney General (
Page 23 and 24: namely 12 months, as the applicatio
Page 25 and 26: supported by evidence on affidavit.
Page 27 and 28: [44] In my opinion, this appeared t
Page 29 and 30: form. Counsel for the applicant als
Page 31 and 32: claim form for service had been fil
Page 33: endeavour to protect their interest

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