Kinlock,Marlene v Port Security Corps Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT  C.L. 1999lK-006

BETWEEN MARLENE KINLOCK PLAINTIFF
AND PORT SECURITY CORPS LTD DEFENDANT
Mr. JefE-ey S. Mordecai Attorney-at-Law for Plaintiff.
Miss Carleeen McFarlane Attorney-at-Law for the Defendant
Heard on Seotember 9th, 2002,
Brown J. (Act&
This was an application for leave to appeal. On the 25" day of
February 2002 the defendant's application to set aside a default
' /
judgment was dismissed.
The application to set aside was made under the provisions of
section 258 of the Judicature (Civil Procedure Code) Law which
reads.
"258 any judgment by default, whether under this title or
under any other provisions of the law may be set aside by
the court or a Judge upon such terns as to costs or
otherwise as such Court or Judge may thinkJit9'.
This section gave the Judge an unconditional discretion whether or not
to set aside a judgment in default of defence, and this was so whether
or not the judgment had been regularly entered.