IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. 1980lG-075

BETWEEN ALLAN GUNNING 1 S'r CLAIMANT

EDNA GUNNING 2ND CLAIMANT

A N D ASTON VIRGO DEFENDANT

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Heard: October 18, & December 19,2006 - I

Appearances

Mr. C. Kelman instructed by Myers, Fletcher and Gordon for the claimants.

Mr. D. Foote for the defendant.

Williams, J.

It is to be regarded as almost tragic that a matter filed in these Courts from the 1''

of July, 1980 should some twenty-six years later still be before the court. What maltes it

even more tragic is that a consent order entered on the 8Ih March, 1995 has not been

complied with.

It is clear that some resolution must be achieved to put an end to this matter,

justly, for both sides.

The claimants, Mr. and Mrs. Gunning have paid for their land but say they have

not got what they paid for.

The defendant Mr. Virgo disagrees. The sale agreement they entered, describes

the land as property located at Goodens River, Savanna-la-mar, six square chains fronting