Miller-Weston, Sheila v Paul Miller, Leithia Miller

IN THE SUPREME COURT OF eBUD1CATURE OF JAMAICA

CLAIM NO. CL 2002 M094

BETWEEN SHEILA MILLER-WESTON CLAIMANT

AND PAUL MILLER FIRST DEFENDANT I

AND LEITHIA YVONNE MILLER SECOND DEFENDANT

(Also known as "Peaches IVIiller") C'

C, IN CIIAMBERS

Mrs. Jacqueline Samuels -Brown and Ms. Tameka Jordon for the claimant.

Mr. Garth McBean for the secoiid defendant.

First Defendant not present or represented.

March 28 &June 22,2007

THE FACTS

ci 1. The claimant brought an action against the two defendants, who are husband

and wife, to recover money she allegedly lent to them in respect of property jointly

owiied by them as joint tenants at 53 Woodland Way, Coopers Hill, St. Andrew.

2. On October 18, 2002, the claimant obtained default judgment against the

first defendant in the sum of'$2,850,559.00 plus interest thereon at 12% per annurn

froin t,lic> date of the judgineiit to date of payment arid costs in the sum $16,000.00.

Tlie judgment debt remains unsatisfied by the first defendant wliile proceedings

between the claimant and tlie second defendant are yet to be resolved.

3. Accordingly, by Notice of Application dated June 28, 2006, the c1aiinan.t now

seeks to enforce the said judgnlerit against the first defendant. To this end, the

claimant seeks, inter i ~ l i at,h e followj.ng ord.ers: