Smith, Dennis v Michael Smith

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

 IN CIVIL DIVISION

CLAIM NO. 2007 HCV 1574

BETWEEN DENNIS SMITH CLAIMANT/APPLICANT

A N D- MICHAEL SMITH DEFENDANT/RESPONDENT

(Administrator of the Estate of Oswald Smith)

Mrs. Valerie Neita-Robertson for the Claimant instructed by Robertson &

0 Company.

Miss Juliet Y. Bailey for the Defendant. I

I

Injunction - Application to restrain administrator of estate of deceased

person - whether beneficiary has a right to purchase estate property

3rd & 7th May, 2007

BROOKS, J.

Mr. Oswald Smith died intestate on 7th January, 2005. One of his

sons, Mr. Dennis Smith seeks an order restraining the administrator of

(2 Oswald's estate from selling an apartment which forms part of the estate.

The administrator happens to be Dennis' brother, Michael. For convenience

I shall refer to them by their first names. No disrespect is intended.

Dennis asserts that he wishes to purchase the apartment and that the

administrator ought to be compelled to sell it to him. He contends that the

bases for the requested order are that firstly, there was an agreement between

Dennis, Michael and another brother, Roy that Dennis should have the