IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN MISCELLANEOUS

SUIT No. M 87 OF 2002

BE 'TWEEN

AND

AND

DIANNA HARRIOT APPLICANT

JOY BIAKE I I ST DEFENDANT

THE ADMINISTRATOR

GENERAL OF JAMAICA 2]'"' DEFENDANT

Miss Kayann Balli instructed by Taylor-Wright & Company for c: the claimant

Miss Alicia Hussey instructed by the Administrator General

for the second defendant

May 6, June 4 and June 11, 2004

SYKES J (Ag)

SECTION 2(1) AND (3) AND THE LAW REFORM (MISCELLANEOUS

PROVISIONS) ACT AND AN APPLICATION TO APPOINT THE

C1 ADMINISTRATOR GENERAL AS ADMINISTRATOR AD LITEM UNDER RULE

21 OF THE CPR

The primary issue is whether the cause of action is

statute barred. If not, the subsidiary issue is whether the

court can appoint the Administrator General as

administrator ad litem under rule 21 of the Civil Procedure

Rules (CPR). If Miss Hussey is correct that the action is

statute barred, then Miss Balli cannot succeed in her