Lightbody, Doris, Anthony Lightbody v Howard Lightbody, Everton McDonald

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. 2005 HCV 2305

BETWEEN DORIS LIGHTBODY FIRST CLAIMANT .

AND ANTHONY LIGHTBODY SECOND CLAIMANT

AND HOWARD LIGHTBODY FIRST DEFENDANT

AND EVERTON MCDONALD SECOND DEFENDANT

Lord Anthony Gifford QC and Miss Sheila Tomlin instructed by Gifford, Thompson

and Bright for the claimants

Miss Jacqueline Cummings instructed by Archer, Cummings and Company for the

defendants

September 21, October 4, November 1,3, December 21, 2005 and January 27,2006

INTERIM INJUNCTION, SALE OF LAND, TRESPASS

SYKES J

1 This is an inter partes hearing to determine whether the injunction granted ex parted

by Mangatal J on August 11, 2005, should continue until the trial. The injunction has been

extended on several occasions by several judges since that date.

2. The latent problems with land located at a street, known, ironically, as 6 Love Lane,

Port Antonio, Portland, erupted when Everton McDonald, paid three and one half million

dollars (JA$3,500,000) for the property to Howard Lightbody. Living there for at least

forty years before the purchase and in occupation at the time of the purchase was

Anthony Lawson, son of the Doris Lightbody. All the Lightbody's are related. Howard is

Doris' brother and therefore the uncle of Anthony Lawson.

3. At the time of the payment, the registered proprietor was and still is William

Lightbody who died intestate on December 1, 2003, in New York, United States of

America. There is no evidence that letters of administration have been granted either in