Nation Hardware v Norduth Development Company Ltd, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

CLAIM NO HCV 2314 OF 2005

BETWEEN NATION HARDWARE LTD CLAIMANT

AND NORDUTH DEVELOPMENT

COMPANY LTD FIRST DEFENDANT

AND ADRIAN NORTON SECOND DEFENDANT

IN CHAMBERS

Mr. Harold Brady instructed by Brady and Company for the claimant

Mr. Crafton Miller and Mrs. Patricia Roberts-Brown instructed by Mr.

Michael Palmer of Palmer, Smart and Company for the defendants

September 26,27, 28, 29 and October 3,2005

EXTENSION OF INTERIM INJUNCTION, CONTRACT FOR SALE OF LAND,

PART PERFORMANCE, SUFFICIENT MEMORANDUM IN WRITING

SYKES J

1. The defendants have robustly resisted the application for the extension

of the interim injunction and their submission can be summed up in this

expression, more commonly used by philosophers than lawyers, ex r~ihilo

nihil fit, nothing comes from nothing. The defendants say that there is no

contract between the claimant and the defendants with the consequence

that there is no right or interest existing in law that demands protection by

an injunction. On the other hand, the claimant says that there is a contract

between it and the defendants. It relies on the doctrine of part