Vassell, Ewon v Bertram Tennant

IN THE SUPREME COURT OF JUDICATURE OF

SUIT NO C. L. 1994/V010

 BETWEEN EWON VASSELL CLAIMANT I

A N D BERTRAM TENNANT DEFENDANT I

Mr. C. Dennis Morrison Q.C. for Claimant instructed by Mr. Carl Dowding

of Messrs. Knight, Picltersgill and Dowding

Mr. Bertram Tennant in person

Motion to vary an order of the Court

CORAM: BROOKS, J.

HEARD tndA ND loTHJ UNE, 2005

In 1996 Mr. Vassell secured against Mr. Bertram Tennant an order

that Mr. Tennant "fulfil his contractual obligation to (Mr. Vassell) by virtue

of an Agreement to sell pursuant to an option to purchase" a parcel of real

estate to Mr. Vassell. The order was made on a Motion for Judgment

brought by Mr. Vassell and Mr. Tennant was not represented at the hearing.

It turned out however that the order, though drawn up and perfected,

could not be given effect because Mr. Tennant was not the sole owner of the

property, but was one of five joint tenants. He was, and is therefore, by

himself, unable to transfer the property or any part of it to Mr. Vassell.