Marks, Veronica, Nicholas A. Brown, v Loxley Thompson, Ernest Allen, N & N Investment Ltd.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV0847 of 2003

BETWEEN VERONICA MARKS lSTC LAIMANT

AND

AND

AND

AND

NICIIOLAS A. BROWN 2ND CLAIMANT .

LOXLEY THOMPSON lSTD EFENDANT

ERNEST ALLEN 2ND DEFENDANT

N & N INVESTMENT LTD. 3RD DEFENDANT

Mr. H. Charles Johnson for the Claimants

Miss Carol Vassal1 for the 1" Defendant

Mr. Linton Gordon instructed by Frater Ennis and Gordon for 2nd and 3rd Defendant

Application to set aside Judgment in default of Defence

Application to strike out statement of case

loth, 1sth, 271h January, 24Ih February, 61h and 22nd March 2006

Brooks J.

The claimants Veronica Marks and Nicholas Brown have had their real property,

situated in St. Ann, sold by the mortgagee thereof under powers of sale contained in a

mortgage. Mr. Loxley Thompson was the mortgagee. The claimants have sued him, the

purchaser N & N Investment Ltd, and its principal Ernest Allen. The Claimants allege

that the sale was illegal. Their claim is that the Defendants pay damages to compensate

them for financial loss incurred.

When the claim came on for case management the Defendants made two

applications; Mr. Thompson applied to set aside a default judgment against him and the

2nd and 3rd defendants applied to strike out the claim as against them. I shall deal with

each application in turn.