Williams, Girvan v Omotoso Uswale-Nketia

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

SUIT NO. CL 1996/W 239

BETWEEN GIRVAN WILLIAMS JUDGMENT CREDITOR

AND OMOTOSO USWALE- NKETIA JUDGMENT DEBTOR

Mr. Richard Reitzin instructed by Messrs. Reitzin & Hernandez for the Judgment

Creditor.

Mrs. Sharon Usim instructed by Usim, Williams & Company for the Judgment Debtor.

Heard isth september 2006 and 25th July 2007

Campbell, J.

(I) The application before the Court is an application for Sale of Land, to enforce

payment of a judgment debt. The judgment debtor is the registered proprietor of one

undivided four-fifths share as tenants in common, with his wife Annmarie Silburn a

tenant in common as to the remaining one-fifth share of Lot 16, 5 Napoli Close, Angels

Estate, Phase 11, St. Catherine.

(2) The property, Lot 16, 5 Napoli Close, Angels Estate, Phase 11, St. Catherine is the

matrimonial home of the debtor and Silburn and their children. Was purchased from the

National Hosing Trust, which has a mortgage on the said property.

(3) Part 55 of Civil Procedure Rule deals with sale of land by order of the Court.

55.1 provides;

This part deals with Sale of Land:

(b) When it appears to the Court to be necessary or expedient

that the land should be sold whether to enforce a judgment

or for any other reason.