Clarke, Petrona v Rudley Clarke

lN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2006 HCV-01024

BETWEEN PETRONA CLARKE CLAIMANT

A N D RUDLEY CLARKE DEFENDANT

Heard: October 27,2006 & January 18,2007

Appearances

Miss Judith Clarlte instructed by Judith M. Clarlte and Co. for the claimant.

Miss Althea D. McBean instructed by Frater, Ennis & Gordon for the defendant.

Williams, J.

Backwound

Petrona and Rudleigh Clarke were involved in a relationship prior to 1970; their

first child was born in that year. They migrated to Canada and were married there in

1974. In 1977 two (2) parcels of land were transferred to the defendant namely lots 7 and

14 Haughton Court in the parish of Hanover registered at Volume 11 14 Folio 927 and

volume 11 14 Folio 934 respectively. The marriage broke down and they were divorced

in 2003.

Petrona Clarke is claiming an interest in these properties registered in the name

Rudley Clarlte and has filed this action seeking a declaration of this interest.

There, having been no request for cross-examination of the parties, was a reliance

on their affidavits. However, the affidavit in response from Mr. Clarlte was filed and

served days before the hearing and it was agreed so as to avoid any further delay that