In January of this year, cane farmer Lucilo Tek filed an application instructing the B.S.C.F.A. and its committee of management to support the writ of mandamus to have the court order the Sugar Industry Control Board to set a date for the start of the crop season. Today that application was brought in the Supreme Court and was struck out by Justice Shona Griffith. So what was the rationale behind this move? Well, according to Justice Griffith, Teck’s application did not comply with the Civil Procedure Rules. It court today, Teck was represented by Attorney Audrey Matura-Sheperd while the Sugar Industry Control Board was represented by Rodwell Williams. Here is his take on the court’s decision.
Rodwell Williams, SC - Attorney for SICB
"On the last occasion, leave was granted for the claimant Mr. Teck to file his fixed date claim form and he so did. And we made an application however, to dismiss/ strike out the case on various grounds which include the view that it was now academic, but which also took the position that there were certain defects that goes to jurisdiction. An additional defect was raised this morning which has to do with the fact that the fix date claim failed to be filed along with a mandatory affidavit setting out certain fundamental facts that goes to jurisdiction. And I believe at the end of the day, the judge was persuaded that she ought to strike the fix date claim out, on the grounds that it failed to comply with the rules of court which then impugn the jurisdiction and she did that. It is struck out and we are to do written submissions on the matter of cost in the next few days."
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