Amritt, Syndney Robert & Madeline Franois Amritt v Duncan Bay Development Co. Ltd

Case Number: 
E 356 OF 1998
Date of Delivery: 
13.08.2001

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN EQUITY
SUIT NO. E 356 OF 1998
BETWEEN I ROBERT SYDNEY AMRITT lST PLAINTIFF
MADELINE FRANCOIS AMRITT 2ND PLAINTIFF
A N D DUNCAN BAY DEVELOPMENT
COMPANY LIMITED DEFENDANT
Heard: May 2 and 24.2001 and August 13.2001
Huntley Martin, Esq., for Plaintiffs.
Carol Davis, Esq., instructed by Davis Bennett & Beecher Bravo for Defendant.
JUDGEMENT
Rov Anderson, J.
In this matter, there are two (2) Summonses before the Court. The first is a
summons filed on behalf of the defendant, Duncan Bay Development Company Limited,
seeking to strike out the Action commenced by the Plaintiffs by Writ of Summons dated July
3, 1998. That summons seeks relief by way of an order in the following terms:
1. That the action herein be struck out.
2. That the action herein be struck out as scandalous and vexatious andor an
abuse of the process of the Court.
3. That the action herein be struck out in that the Plaintiffs right (if any) to bring
the suit herein to enforce the contract dated December 11, 1969 and/or to
- recover the said land as specified in the Statement of Claim did not first accrue
to the Plaintiff within six years or in the alternative within 12 years before
commencement of the action, and the Plaintiffs alleged claim was and is barred
by section 3 andor bv section 46 of the Limitation of Actions Act and the

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