McKenzie, Marguerite v Anthony McKenzie

Case Number: 
2005 HCV 5301
Date of Delivery: 
15.02.2007

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2005 HCV 5301

IN THE MATTER OF 16

NORBROOK DRIVE, KINGSTON 8

IN THE PARISH OF ST.

ANDREW

AND

IN THE MATTER OF THE

MARRIED WOMEN'S PROPERTY

ACT

BETWEEN MARGUERITE MCKENZIE CLAIMANT

AND ANTHONY MCKENZIE DEFENDANT

I N CHAMBERS

Hilary Phillips Q.C. and Andrea Bickhoff -Benjamin instructed by Grant, Stewart,

Phillips and Company for the claimant

Hyacinth Griff ith and Rose Duncan-Ellis for the defendant

January 10, 11, 16, 17, and February 15, 2007

DIVISION OF MATRIMONIAL PROPERTY, SECTION 16 OF THE MARRIED

WOMEN'S PROPERTY ACT, POST ACQUISITION IMPROVEMENTS, WHETHER

MAINTENANCE OF PROPERTY AND PAYMENT OF TAXES TAKEN INTO

ACCOUNT, EQUITABLE ACCOUNTING

SYKES J.

1. Mrs. Marguerite McKenzie by way of a fixed date claim form dated November

28, 2005, claims:

a. a declaration that the claimant is solely entitled to the property known

as all that parcel of land part of Spring Garden and Constant Spring

Estate in the parish of Saint Andrew being the lot numbered two section

5, now known as number 16, Norbrook Drive, Kingston 8 in the parish of

St. Andrew, registered at volume 801 folio 64 of the Register Book of

Title.

b. a declaration that the defendant holds his interest in the property

known as all that parcel of land part of Spring Garden and Constant

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