Robinson, Leon Courtney (Executor of the estate of Herman L. Denton, deceased) v Chen, Michelle; Chen, Thelma and Chen, Errol (1)

Case Number: 
2009HCV03801
Neutral Citation: 
[2014] JMSC Civ 146
Date of Delivery: 
03.10.2014

Application for Recovery of Possession – 1st Purchasers unable to complete – Effect of Notice to Complete and making time of the essence served on 1st purchasers – Whether contract with 1st purchasers was ended before vendor entered new contract for sale of the same property with the 2nd purchasers – 2nd purchasers obtaining order for specific performance of contract against vendor – Whether case should be reopened and 2nd purchasers added as ancillary defendants so that the respective interests of the 1st and 2nd purchasers in the property could be determined in one proceedings – Whether damages should be awarded in lieu of Specific Performance

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