Eureka Medical Ltd v Life of Jamaica Ltd.

Case Number: 
H.C.V. 1268/2003
Date of Delivery: 
12.10.2005

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

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