KSAC v Diana Cooke and Deborah Ezzo, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. HCV 02584 / 2006

BETWEEN KINGSTON AND SAINT

ANDREW CORPORATION

A N D DIANA COOKE AND

DEBORAH EZZO

CLAIMANT

1 ST DEFENDANT

A N D COLI-N COOKE 2 N ~ /

AND C. C. L. LIMITED ,\

I 3RDD EFENDANT

Miss Rose Bennett, Mrs. Cryslin Beecher-Bravo and Miss Marsha White instructed by

Bennett Beecher-Bravo for Claimant.

Mr. Christopher Dunkley instructed by Cowan Dunkley Cowan for lS' Defendant.

Mr. Christopher Dunkley and Mr. Peter Asher instructed by Mr. Ian Phillipson of Ian

Phillipson & Co. for 2nd and 3rd Defendants.

1,

Heard: 5th and loth October, 27th December 2006 and 31St January 2007

BROOKS, J.

Application for injunction against development-removql

unauthorized change of user- replacement entrance gate above

Mrs. Diana Cooke and Mrs. Deborah Ezzo are the own~rs of real property

of dividing fencefour

feet in height

situated at No. 37 Bedford Park Avenue, Kingston 10 in the parish of Saint Andrew.

When they bought the property it was being used as a residence, but they didn't wish to

use it for that purpose. They had the dwelling house on the property converted for use as

commercial premises and at the time of this hearing it was being sd used. Mrs. Cooke

and Mrs. Ezzo also went further. They redesigned the entrance to their property,

removing the existing gate and replacing it with a wider, higher gate. They also entered

into an arrangement with C.C.L. Limited which owns an adjoining property, No. 48

Constant Spring Road. That arrangement resulted in the removal off the dividing fence