McCalla, Grace v Eric McCalla, Jenice McCalla & Jeffery McCalla

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

CLAIM NO. 2005 HCV 2335

BETW EEN

AND

AND

AND

IN THE MATTER OF A CLAIM BY THE

CLAIMANT GRACE McCALLA FOR A

DECLARATION THAT SHE I S

BENEFICIALLY ENTITLED TO PROPERTY

KNOWN AS LOT 245 6 WEST GREATER

PORTMORE, ST. CATHERINE AND

REGISTERED AT VOLUME 1267 FOLIO

840 OF THE REGISTER BOOK OF TITLES

GRACE McCALLA CLAIMANT

ERIC McCALLA FIRST DEFENDANT

JENICE McCALLA SECOND DEFENDANT

JEFFREY McCALLA THIRD DEFENDANT

IN CHAMBERS

Mrs. Valerie Neita-Robertson instructed by Robertson and Company for the claimant

Miss Carol Davis for all the defendants

January 10, 29, 30, February 1, May 2, 7, and August 3, 2007

DECLARATION OF BENEFICIAL INTEREST IN PROPERTY, EXPRESS, RESULTING

AND CONSTRUCTIVE TRUSTS, PROPRIETARY ESTOPPEL, SECTIONS 7 AND 8 OF

THE STATUTE OF FRAUDS

SYKES J.

1. There stands a house at Lot 245 6 West, Greater Portmore in the parish of St.

Catherine. The legal owners are Mr. Eric McCalla and Miss Jenice McCalla. It was the

home o f Mr. Jeffrey McCalla, his wife Mrs. Grace McCalla, and their two children. They

moved to the house in 1993. They occupied the house until 2004.

2. This litigation involves four members of the McCalla family. I have opted for the

expedient of calling them by first names. I hope they don't mind and I wish that they do

not think that I have little regard for them. Eric is the father of Jeffrey and Jenice

and the father-in-law of Grace. Grace's claim is quite simple. She says that there was an

agreement arrived at between her, Jeffrey, Eric and Jenice, to the effect that should