S & T Distributors Ltd v CIBC Jamaica Ltd, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C. L. S 222 OF 1999

BETWEEN S & T DISTRIBUTORS LIMITED FIRST CLAIMANT

AND S & T LIMITED SECOND CLAIMANT

AND CIBC JAMAICA LIMITED FIRST DEFENDANT

AND ROYAL AND SUN ALLIANCE SECOND DEFENDANT

(Formerly known as West Indies

Insurance Company)

IN CHAMBERS

Miss Carol Davis for the claimants

Mr. John Vassel QC and MissShena Stubbs instructed by DunnCox for

the first defendant

Mr. Conrad George instructed by Hart, Muirhead and Fatta for the

second defendant

September 24, November 12 and 19,2004

Sykes J (Ag)

RES JUDICATA, ISSUE ESTOPPEL, ABUSE OF PROCESS AND IMPLIED

TERM

1. 'The issues raised in these applications are not intelligible unless one has

recourse to the history of litigation that came in the wake of a fire at the