Jamaican tech entrepreneur Gordon Swaby has applied for permission to appeal to the Judicial Committee of the Privy Council in London, seeking to overturn a Court of Appeal ruling that went against him in a debt recovery claim brought by digital marketing founder Kemal Brown.

The application, filed August 20, is listed on the Privy Council’s public case register as JCPC/2026/0074, with Swaby named as appellant and Brown as respondent. The register shows the case originated as a permission to appeal (PTA) application from Jamaica, and it has not yet been considered by the court.

Brown, founder of Digita Global Marketing Ltd, took the underlying claim to the Supreme Court of Jamaica, where the matter was first heard last year. The case then went before Jamaica’s Court of Appeal, which ruled in Brown’s favour on June 22.

Attorney Sundiata Gibbs of Hylton Powell, who represents Brown, confirmed the outcome. “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 described the nature of the original claim: “Mr Brown commenced a claim in the Supreme Court to recover a debt.” He noted that Digita Global Marketing is not a party to the proceedings.

Swaby, who founded the listed technology education company EduFocal, confirmed the appeal application but declined to discuss the underlying dispute. “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,” he said.

He was explicit that the litigation has no connection to his company. “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 would not specify what the underlying debt related to.

Swaby’s repeated separation of the case from EduFocal points to a question that comes up whenever a listed company’s principal is drawn into personal litigation: what, if anything, minority shareholders are owed by way of disclosure. Jamaica Stock Exchange junior market rules require issuers to flag matters that could materially affect an investor’s view of the company, but a director’s private debt dispute does not automatically meet that bar unless it touches company assets or credit standing. EduFocal has made no filing referencing the case, and neither Swaby’s statements nor the court record link the claim to the company’s business or balance sheet.

In recent times, EduFocal has faced financial and regulatory problems as well as being unable to report key information on a timely basis to the JSE. There is a delay in reporting its Q2 2026 unaudited financial statements.

EduFocal was founded by Gordon Swaby and launched on March 15, 2012.

It is an online learning and educational technology company based in Kingston. EduFocal did well during the COVID pandemic when many schools were shuttered, and parents and educators turned to digital solutions for education.

EduFocal focuses on exam preparation for primary and secondary levels. It is considering renaming the company and issuing new shares in an effort to come out of its woes. Its balance sheet has led to many questions being asked about whether the company should recalibrate.

The business does appear to be undercapitalised and needs to generate steady cash flow.

The Privy Council remains Jamaica’s final court of appeal, and permission to appeal is not automatic: the court screens PTA applications before deciding whether a case will be heard in full.

Neither EduFocal nor Digita Global Marketing has issued a statement, and neither company is named as a party in the case record.