Tropicrop Mushrooms Ltd v Saint Thomas Parish Council, etal

Case Number: 
2008 HCV 0663
Date of Delivery: 
12.08.2008

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. 2008 HCV 0663

IN CHAMBERS

IN THE MATTER of ALL THAT parcel of

land known as Abbey Green Estate in the

parish of Saint Thomas being:

ALL THOSE parcels of land Circuits 1, 3A

and 3B known as ABBEY GREEN in the

parish of Saint Thomas containing by survey

Two Hundred and Thirty Acres Three Roods

Thirty-Five Perches and Seven-tenths of a

Perch of the shapes and dimensions and

butting as appear in the plan thereof registered

at Volume 1322 Folio 20 and formerly being

part of the land comprised in Certificate of

Title registered at Volume 1034 Folio 50 of

the Register Book of Titles.

BETWEEN TROPICROP MUSHROOMS LIMITED CLAIMANT

AND SAINT THOMAS PARISH COUNCIL DEFENDANT

AND ALFRED SAMUEL EDWARDS 1 ST ANCILLARY CLAIMANT

AND IAN HARRIOTT 2ND ANCILLARY CLAIMANT

AND RUPERT BROWN 3RD ANCILLARY CLAIMANT

AND SHANE BROWN 4TH ANCILLARY CLAIMANT

AND PATRICK PATTERSON 5TH ANCILLARY CLAIMANT

AND MARCUS STEWART 6TH ANCILLARY CLAIMANT

AND SNCLAIR McDONALD 7TH ANCILLARY CLAIMAIVT

Miss Malaica Wong and Miss Lisa Russell instructed by Myers Fletcher and Gordon for

Claimant.

Mr. Joseph Jarrett for Defendant and Ancillary Claimants

Practice and Procedure - Application to discharge injunction - Injunction

restricting access to claimant's land - Issue whether road is a parochial road - Issue

as to whether prescriptive rights secured over claimant's land - Whether injunction

to be maintained

Practice and Procedure - Modes for Initiating Ancillary claims - Part 18 of the CPR

17'~Ju ly and 12'~A upust 2008

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