Allen, Michael Mitchell v Melford Randal Ward, Registrar of Titles

Case Number: 
2001/A - 036
Date of Delivery: 
08.04.2005

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW I1 ~~

SUIT NO. 2001/A - 036

BETWEEN MICHAEL MITCHELL ALLEN

AND MELFORD RANDAL WARD

AND REGISTRAR OF TITLES

CLAIMANT

FIRST DEFENDANT

SECOND DEFENDANT

C! IN CHAMBERS

Mr. Linton Gordon instructed by Frater, Ennis & Gordon for the

claimant

Mr. Christopher Honeywell for the first defendant

Miss Katherine Francis for the second defendant

February 14,18, and April 8, 2005

t

NEGLIGENCE, BREACH OF STATUTORY DUN, SECTION 140 OF THE

REGISTRATION OF TITLES ACT

Sykes J I

1. In this matter, the important question is whether the claim against the

Registrar of Titles is sustainable in law. Miss Francis makes three major

points only one of which I will resolve since it determines the matter

entirely. In a succinct manner, she submits that the allegations against the

Registrar do not and cannot establish negligence or breach of statutory

duty because she acted in accordance with the Registration of Titles Act

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