Husbands, Collin v Jamaica Redevelopment Foundation Inc.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW 
SUIT NO. H-138/1999
BETWEEN COLLIN HUSBANDS CLAIMANT
A N D JAMAICA REDEVELOPMENT
FOUNDATION INC. RESPONDENT
IN CHAMBERS
L
Miss M. Wong instructed by Myers, Fletcher and Gordon for the defendant.
Mr. M. Hussey for Claimant.
Heard: September 16'~& October 1''. 2003
Williams, J. (Ag.)
This is a notice of application for Court orders that summary judgment be granted to
the defendants on their counterclaim on the ground that the claimant has no real prospect of
succeeding on its claim or the defendant's counterclaim.
This matter has its genesis in 1995 when the claimant entered into an agreement with the
National Commercial Bank, at its Oxford Place branch [herein after referred to as the bank,]
whereby the bank agreed to provide credit facilities to the claimant. Indeed, the original
action was brought against the said bank by way of a Writ issued on November 17, 1999.
By an order of Mr. Justice W. James on the 4h July 2003, the Jamaica Redevelopment
Foundation Inc. was substituted as defendants in the action as the debts, subject of the action
had been assigned to them by the bank.
The claimant alleged the agreement was not in writing but that he had signed a
blank standard form mortgage document mortgaging his property at 9 Livingston Monor, 11
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