Singer Sewing Machine Company v Montego Bay Co-operative Credit Union Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN EQUITY

SUIT NO. E 3771200

BETWEEN SINGER SEWING MACHINE COMPANY APPLICANT

AND MONTEGO BAY CO-OPERATIVE

CREDIT UNION LIMITED RESPONDENT c

Ms. Maliaca Wong instructed by Myers Fletcher and Gordon for the Applicant.

Jack Hines instructed by Audrey Wilson and Company for the Respondent.

Heard gth July 2004 and lgth November 2005

Campbell, J.

Lease Agreement - Annual Increment -

No Demand - What Constitutes Waiver

C\ 1. In 1993 Singer applied for declarations against their Landlord, Montego Bay

Cooperative Credit Union Ltd. (Co-op), that a lease for a duration of ten years

existed between the parties. Singer also sought an injunction restraining the Co-op

from taking any steps to forcibly eject them from premises at Sam Sharpe Square,

Montego Bay. The applications were refused in the Supreme Court, however,

Singer was successful on appeal. An attempt by Co-op to appeal to the Privy

Council was rescinded on 9" October 2000 for failure to prosecute the appeal.