Henry, Karlene, Barbara Gayle v Burns Gayle, Navieney McBean-Gayle

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CML DMSION

CLAIM NO. HCV 1971 of 2005

BETWEEN KARLENE HENRY CLAIMANT

AND BARBARA GAYLE CLAIMANT

AND BURNS GAYLE lST DEFENDANT

AND NAVIENEY McBEANGAYLE

GAYLE 2NDD EFENDANT

Heard: 15, 16 August and 15 September 2006.

Miss Jacqueline Cummings instructed by Archer Cummings & Co.

for the Claimants.

Mr. Huntley ats son instructed by Watson & Watson for the

defendants.

MANGATAL J. :

1. The application before me is made on behalf of the Claimants

seeking an injunction until the hearing/trial of this action,

restraining the Defendants whether by themselves their servants

and/ or agents from preventing the flow of storm water from Lot #

57 West Cave Drive, Cave Hill Estate in the Parish of Saint

Catherine, to Lot # 28 Cave Hill Boulevard, Cave Hill Estate in the

Parish of Saint Catherine. The Claimants are the owners of Lot #57

and the Defendants are the owners of Lot # 28.

2. In their Amended Particulars of Claim, the Claimants state that

their property Lot # 57 is situate at 57 West Cave Drive and is the

land registered at Volume 1299 Folio 409 of the Register Book of

Titles. The Defendants' Lot # 28 is situate at 28 Cave Hill

Boulevard and registered at Volume 1299 Folio 380 of the Register