Galaxy Leisure & Tours Ltd v Wyndham Hotel Co. Ltd

Case Number: 
C.L. 1996/6035
Date of Delivery: 
11.06.1996

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L. 1996/6035
BETWEEN GALAXY LEISURE & TOURS LIMITED
C A N D WYNDHAM HOTEL COMPANY LIMITED
PLAINTIFF
DEFENDANT
Charles Piper, instructed by Piper & Samuda,
for the plaintiff .
David Batts and Glenford Watson, instructed by
Livingston, Alexander & Levy for the defendant.
Heard: June 3, 5 and 11, 1996
The plaintiff has issued a writ endorsed with the following claims:
1. a declaration that by letters dated the 13th January, 1994,
the defendant contracted to grant to the plaintiff a concession
to operate 'the tour deskq within the defendant's
hotel for five (5) years with an option to renew;
2. a declaration that the plaintiff was granted a contractual
licence to operate the said tour desk for five (5) years
with an option to renew the said licence;
3. an order for specific performance of the agreement;
4. an injunction to restrain the defendant from evicting;
dispossessing or excluding the plaintiff from the said
premises; and
5. alternatively, damages for breach of the agreement.
- This writ was filed on February 15, 1996. On that day Ellis, J. granted an
I
\ exparte injunction for a period of ten days restraining the defendant from
evicting the plaintiff. Since then there have been eight extensions of that
order while the parties have been preparing for this hearing.
The matter for determination at this time is whether an injunction should be
granted pending the trial of the action.
- 2 -
The affidavit evidence discloses that the parties have had dealings since 1991.
The basic arrangement between them is that

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