Minto, Corrine v David Addison, Office Equipment Sales and Service Ltd & Wiltshire Farms Ltd.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO 2006 HCV 03523

BETWEEN CORRINE MINT0

AND DAVID A DDISON

AND OFFICE EQUIPMENT SALES

AND SERVICE LTD

AND WILTSHIRE FARMS LTD

CLAIMANT

FIRST DEFENDANT

SECOND DEFENDANT

THIRD DEFENDANT

IN CHAMBERS

Richard Paris for the claimant

C1 H. Charles Johnson for all the defendants

NOVEMBER 15 AND DECEMBER 1, 2006

APPLICATION FOR EXTENSION OF INJUNCTION, MANDATORY INJUNCTION, SALE

BY MORTGAGEE TO PURCHASER, MEANING OF FRAUD IN SECTIONS 70 AND 71 OF

THE REGISTRATION OF TITLES ACT, APPLICABILITY OF THE DOCTRINE OF NOTICE

TO REGISTRATION OF TITLES ACT, SECTIONS 70, 71, 105, 106, 108 AND 114 OF

THE REGISTRATION OF TITLES ACT, SECTION 5 OF THE CONVEYANCING ACT,

STRIKING OUT OF DEFENCE AND COUNTER CLAIM, WHETHER REAL PROSPECT OF

SUCCESS

SYKES J

1. This is an application for the extension of an injunction first granted, ex parte, by

Campbell J. on October 4, 2006 which was extended by Pusey J. on October 25, 2006 to

November 15, 2006. The terms of the injunction are as follows:

a. That the first defendant whether acting by himself and/or his servants agents

or workmen or through the second and third defendant or through anyone acting

in his instruction or with his encouragement is hereby restrained from

trespassing on the claimant's property situate at 35 Church Street, Montego

Bay in the parish of St. James by occupying any part and/or remaining on any

part thereof for any purpose whatsoever for the period of twenty one days

from the date of this order.

b. The claimant undertakes to abide by any order as to damages that the court

may make as a result of the granting of this order.

c. Personal service of the claim form, particulars of claim and attested copy of

this order together with the docuhents filed in support of the ex parte

application is to be effected up on the defendants.

2. This hearing is now inter partes. This injunction was granted in a claim initiated by way

of a fixed date claim form dated October 2, 2006 in which Miss Minto is seeking the

following remedies: