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Eureka Medical Ltd v Life of Jamaica Ltd.
JUDGMENT
IN THE SUPREME COURT OF JUDlCATURE OF J W C A
C M M NO. H.C.V. 1268/2003
BETWEEN EUREKA MEDICAL LIMITED CLAIMANT
AND LIFE OF JAMAICA LIMITED DEFENDANT
AND BETWEEN
AND
LIFE OF JAMAICA LIMITED ANCILLARY
CLAIMANT
EUREKA MEDICAL LIMITED ANCILLARY
DEFENDANT
Lord Anthony Gifford Q.C. and Andrew Irving instructed by Gifford
Thompson & Bright for the Claimant/Ancillary Defendant.
Georgia Gibson-Henlin and Catherine Minto instructed by Nunes
Scholefield Deleon 8r Co. for The Defendant/Ancillay Claimant.
Heard: 28th October 2004, 15th April 2005 and 12th October 2005.
1. I apologize for the delay in delivering this judgment. I also must at
the outset thank Counsel for both sides for the clear and thorough
submissions which greatly assisted me in arriving at my decision.
Eureka Medical Limited "Eureka" was at a particular point in time
formerly the tenant of Life of Jamaica Limited "L.0.J" at premises 1
Eureka Road, Kingston 5. On or about the 13th of March, 2003 L.O.J. retook
possession of the premises. The substantive claim in this case is
concerned with, on the one hand, Eureka's claim that it was wrongfully
evicted in breach of a revocable contractual license without reasonable