Privy Council to weigh bid to appeal in dispute involving Jamaican tech founders

Tech founder Gordon Swaby is seeking permission to appeal a ruling in favour of digital marketing founder Kemal Brown to the Judicial Committee of the Privy Council in London, Jamaica’s final court of appeal.

The application was filed on August 20, according to the Privy Council’s public case register, which lists Swaby as the appellant and Brown as the respondent. The Privy Council has not yet considered the application.

“It is a personal matter currently before the courts, and so I am unable to respond further. I have full confidence in the Jamaican judicial system and will respect the outcome of the legal process,” Swaby told the Financial Gleaner.

He said the litigation is unrelated to EduFocal, the listed technology education firm he founded.

“EduFocal is not involved in the lawsuit in any way. It is a private matter, done in my private capacity. It has nothing to do with EduFocal and was used for my own personal affairs,” Swaby said.

He declined to give details when asked what was used for his personal affiars: “It’s a personal matter.” Swaby also declined to discuss the substance of the dispute.

The register shows the parties went before the Supreme Court last year, and the Court of Appeal on June 22 this year. Attorney Sundiata Gibbs of Hylton Powell, representing Brown, said the appellate court ruled in his client’s favour.

“As it stands, Mr Brown has a judgment in his favour. Mr Swaby’s application for permission to appeal is to be considered by the Privy Council,” Gibbs told the Financial Gleaner.

Gibbs said of the underlying claim: “Mr Brown commenced a claim in the Supreme Court to recover a debt.” Brown is the founder of Digita Global Marketing Ltd. The proceedings do not involve that company.

carolyn.guniss@rjrgleaner.com