Forbes Emanuel Wilfred and Cowell Anthony Forbes v Millers Liquor Store (dist) L.t.d

Case Number: 
E 478 OF 2001
Date of Delivery: 
18.10.2002

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN EQUITY
SUIT NO: E 478 OF 2001
BETWEEN MLFREEDM ANUEL FORBES lST PLAINTIFF
AND COWELL ANTHONY FORBES 2ND PLAINTIFF
AND MILLER'S LIQUOR STORE (DIST) LTD, DEFENDANT
Heard on December 3 & 7,2001 and October 18,2002
f-
Mr. W. Charles (Mr. C. Forbes in person) for the Plaintiffs.
L,' Mrs. M. Taylor-Wright and Ms. Y. Stone instructed by Taylor Wright & Co. for
Defendant.
ANDERSON: J
This is an application by way of summons for an interlocutory injunction to be granted in
favour of the plaintiffs hereiri; &ainst the defendant company.
The action had been begun by way of Originating Summons, and had been filed in the
Supreme Court, on the 2 0 ~Sep tember 2001. The Originating Summons claimed a
declaration as follows:
C: That the Plaintiffs are entitled to redeem the said mortgage(d) property
upon payment by the plaintiffs jointly andlor severally to the defendant of
any sum found to be due on the taking of an account
That in taking the said account, the defendardmortgagee should not be
allowed to claim interest after the 3 1' August then due under the said
mortgage.
That the plaintiffs are entitled to an injunction restraining the defendant
and/or his (sic) servants or agents from taking any krther steps to
complete the purported contract of sale between the Defendant and
Duncarl Limited, such purported contract dated the 3 0A~ug ust 2001 and
fiom executing or seeking to have registered any Instrument of Transfer in
respect of property situated at 17 Ward Avenue Mandeville in the Parish
of Manchester and registered in the Register Book of Titles at Volume

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