Franklin, Stephen v Cowan, David and Cowan, Monica

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

V ! IN COMMON LAW: C.L. F 006f2002

BETWEEN STEPHEN FRANKLIN PLAINTIFF

AND DAVID COWAN lSTD EFENDANT

AND MONICA COWAN 2NDD EFENDANT

HEARD: February 18, March 17 and September 30,2004; January 12 and 26 2005.

Ms.Yvonne Ridguard for Plaintiff, Mr. Patrick Bailey and Ms. Audre Reynolds instructed

by Patrick Bailey & Co. for the Defendants; Mr. Garth McBean watching proceedings on

behalf of Iamaica National Building Society.

ANDERSON, J.

The application being considered at this time arises from the filing of a writ in the

Supreme Court by the claimant, Mr. Stephen Franklin, on February 5, 2002, in which he

sought specific performance of an agreement for the sale of land, as well as an order that

the defendants reimburse him in respect of monies paid by him to the National Water

Commission for water rates for which the defendants were purportedly liable. The

defence having been filed in June 2002, the matter came up for case management on

February 18, 2004 when it was adjourned part-heard to continue on March 17, 2004.

Thereafter, it was further adjourned and continued on September 30,2004 and January 12

and 26 2005, on which latter date, a decision was handed down in respect of the

application for summary judgment. At the time 1 handed down my decision, I promised

to set forth my reasons in writing and this written judgment is in fulfillment of that

promise.

A brief word on the dramatis personae will set the stage for these proceedings. Mr.

Franklin, the plaintiff, is from all appearances a member of that enterprising group of

Jamaicans who left Jamaica by thousands in the years preceding Independence, to seek a

better life for themselves and their families in the "Mother Country", England. Their

hearts are however forever tethered to the Rock by invisible strings which cannot be