J & O Operators Ltd. et al v Kingston & The St. Andrew Coporation

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

1N COMMON LAW

SUIT NO: C.L. 199915 - 116

BETWEEN J & 0 OPERATORS LIMITED lSTP LArNTIFF

AND BEVERLEY W ONG 2ND PLAINTIFF

AND ELOISE MULLIGAN 3N'" PLAINTIFF

AND GRACE WONG dTH PLAlNTlFF

AND THE KINGSTON & SAINT ANDREW DEFESDAKT

CORPORATION

c. Ransford Braham, Esq , and Mrs Suzanne Rlsden-Foster, instructed by Livlngston Alexander & Levy

for the PlaintiKs; Ms Rose Bennett and Mrs. Crislin kher-Bravo, instructed by Bennett & Beecher-

Bravo for the Defendants.

HEARD ON: May I : 2,3; June 1 1, 12, 13, July 22, 23,24, 2002; and May 20, 2005

ANDERSON J.

Up until the late 1950s, horse racing, "the sport of hngs", was carried on at Knutsford Park, a vast

t,ract of land minutes away from Cross Roads md Half Way Tree in St. Andrew The tremendous

potential for the commercial development of this area if the race track could be re-located, was

recognized by entrepreneurs who then planned and executed a major commercial development,

subdividbng (he propefij into over three hundred (300) commercial lots for sale to the public. The

genesis of this claim by the Plaintiffs in this matter is that subdivision and development of the area

into the corporate area's modem financial/comrnerc~al centre, now known as New Kingston. In order

to give a u\sua\ picture of the properties involved in this dispute, a plan of the area as the development

\vas approved and as contained in the agreed bundle, is attached to this judgment as an Exhibit.

The Plaintiffs and the Defendant in this case are all regstered proprietors of parcels of land in "New

!LLng,ston". The Plaintif&' lots are contiguous to the lot owmd by the Defendant. For ease of reference.

this lot which is registered at Volume 1181 Folio 613 of the Register Book of Titles, is referred to

herein variously as Lot C, parlung lot C and St. Lucia Way. The Plaintiffs claim that by virtue of the

history of the development, they have acquired certaln rights of \\lay and other rights over the