Reittie, Royden v National Commercial Bank et al

Case Number: 
2014 HCV 02813
Neutral Citation: 
[2014] JMSC. Civ. 153
Date of Delivery: 
29.09.2014

IN THE SUPREME COURT OF JUDICATURE
THE CIVIL DIVISION
CLAIM NO. 2014 HCV 02813
BETWEEN ROYDEN RIETTIE CLAIMANT/ APPLICANT
AND NATIONAL COMMERCIAL BANK 1ST DEFENDANT
JAMAICA LIMITED
AND FITZ JACKSON 2ND DEFENDANT
AND CEMENT JAMAICA LIMITED 3RD DEFENDANT
IN CHAMBERS
Mr. Vincent Chen instructed by Chen, Green & Co. for the Claimant.
Mr. Ransford Braham Q.C., Mr. Hadrian Christie and Mr. Jerome Spencer instructed by Patterson Mair Hamilton for the 1st Defendant.
Mr. Hugh Wilson instructed by Wilson Franklyn Barnes for the 2nd Defendant and 3rd Defendant.
Heard: 18th September 2014 & 29th September 2014.
Injunction – Application to restrain Mortgagee’s power of sale – Claimant claims Mortgagee acted in bad faith – Selling land at gross undervalue – Misdescription of property – Collusion – Exception to the Marbella principle – Adequacy of damages – Application for injunction refused.
CAMPBELL, J.
[1] On the 1st May 2003, a mortgage was executed on behalf of the Applicant, to secure the repayment of a loan to the 1st Defendant. There had been a prior

Customer Service

customer complaints image