Glades, Ebony

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA I
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IN EQUITY . .
SUIT NO. E.R. R/C 222 OF 1991
IN THE MATTER OF ALL THAT parcel of part
o f s O N Y GLADES in the Parish of SAINT
ANDREW being the Lot Numbered FORTY-NINE
on the plan of Ebony Glades aforesaid deposited in
the Ofice of Titles on the 6th day of October, 1959
of the shape and dimensions and butting as appears
by the plan thereof annexed to and being the whole
of the land comprised in Certificate of Title
registered at volume 103 1 folio 447 of the Register
Book of Titles
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AND I' I
IN THE MATTER of the restriction affecting the
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subdivision thereof I
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AND 81
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IN THE MATTER of the Restrictive Covenants
(Discharge and Modification) Act
Michael Hyltonand Mrs. Robertha Mattis for Applicant
Rudolph Francis and Mrs. Norma Harrison for objectors,
Joyce Davis and Dian Davis
Frank Williams for Objectors, Andrew Thwaites, Catherine Thwaites,
Franklyn Bennett and Jeanne ~en'nett
C1 Heard: July 19, 20, 28, 1993,
January 25, 1996.
, CHESTER ORR, J.
Let me at the outset offer my profound apologies for the inordinate delay in the
delivery of this Judgment. 1 I
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This is an application by Gwyneth Moore on behalf of Morua Limited, the !
registered proprietor of land No. 8 Edam drive part of Ebony Glades in the parish of St.
Andrew, for modification of Restrictive Covenant No. 3 endorsed on the Title to the said
land.
The Covenant reads as follows:
3. "Not to subdivide the said land"
The modification sought as amended at the hearing reads: