Arts Centre Ltd v Ronald Rupert Brown, Lesma Brown et al

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2006 HCV 00132

BETWEEN ARTS CENTRE LIMITED CLAIMANT

AND RONALD RUPERT BROWN FIRST DEFENDANT

AND LESMA EUGENIE BROWN SECOND DEFENDANT

AND L W LAMBOURN & CO. LTD THIRD DEFENDANT

Mr. Alexander Williams for Claimant

Mr. Kipcho West for 3'd Defendant

Heard on 20Ih March and 12Ih & 13Ih April 2006

Sinclair-Haynes J

On the 29Ih day of June 1992 William Alexander Thwaites and his wife Enid

Isabel entered into an agreement with Ronald Brown and his wife Lesma (hereinafter

referred to as the vendors) for the sale of two parcels of land part of Barbican Heights

which comprised 7 lots numbered one and two as shown on the subdivision plan

approved by K.S.A.C registered at Volume 1057 Folio 249 of the Register Book of titles.

The sum of $135,000 was deposited pursuant to the agreement of sale.

William Alexander Thwaites died subsequent to the agreement.

The vendor obtained subdivision of approval from K.S.A.C but they failed to complete

certain roadways, which would allow the Registrar of Titles to release the certificate of

title. Consequently the completion of the sale was delayed