Jamaica Redevelopment Foundation Inc. v Max Lambie

IN 'THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2004 HCV 00022

BETWEEN JAlVlAlCA REDEVELOPMENT FOUNDATION INC. CLAIMANT

AND MAX LAMBIE (Administrator of

Estate of Elaine Vivienne Tully Deceased) DEFENDANT

Heard September 27,2005 and December 9, 2005

Mr. David Johnson instructed by Piper & Samuda for ClaimantlApplicant. Mr. K.

Bishop instructed by Bishop & Fullerton for DefendantIRespondent.

ANDERSON, J

This matter came on for hearing on September 27, 2005, by way of a

Fixed Date Claim Form dated January 8, 2004. The Jamaica Redevelopment

Foundation Inc. ("the Applicant) sought the following orders:

1. A Declaration that the Defendant is not entitled to a grant of Letters

of Administration in the Estate of Elaine Vivienne Tully, (deceased)

2. A Declaration that the grant of Letters of Administration

Made to the Defendant on November 5, 2002 is irregular.

3. An Order revoking the said Grant of Letters of Adrninistration.

4. An Order that the Defendant bring in and lodge the said Grant of

Letters of Administration in the Registry of the Supreme Court of

Judicature of Jamaica.

The Fixed Date Claim Form states that at the date of her death, the

deceased was the sole proprietor of the lands contained in the Certificates of

Title Volume 1324 Folio 107 through 117 of the Register Book of Titles and that

the said Certificates were endorsed with mortgages numbered 93781 1, 1037009

and 1037010 held by the Claimant herein. It was also assehed that the