Jamaica Youth Development Foundation v Portfolio International Jamaica Ltd

Case Number: 
2004/HCV 2305
Date of Delivery: 
10.12.2004

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO 2004/HCV 2305

BETWEEN JAMAICA YOUTH DEVELOPMENT FOUNDATION CLAIMANT

AND PORTFOLIO INTERNATIONAL JAMAICA LTD DEFENDANT

.IN CHAMBERS

Mrs. Denise Kitson instructed by Grant, Stewart, Phillips and

Company for the claimant

Mr. Christopher Samuda instructed by Earl Melhado of Earl Melhado

and Associates for the defendant

November 22,26, December 1 and 10,2004

Sykes J (Ag)

TENANT OF A MORTGAGOR, THE RENT RESTRICTION ACT AND THE

\

REGISTRATION OF TITLES ACT

1. This hearing raises this question: does a tenant who leases property

from a mortgagor, who let the property in breach of an express covenant

not to let the property without the written consent of the mortgagee,

becomes a tenant of the purchaser from the mortgagee who exercised his

power of sale? Is such a tenant a tenant under the Rent Restriction Ad

(RRA)?

2. This issue has arisen because I had granted an ex parte interim

injunction on October 8, 2004 restoring the claimant to possession of

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