Wyndham, Carl v Calvin Terrilonge, Winsome Davis-Terrilonge

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAM NO. C.L. 1994 / W 124

BETWEEN CARL WYNDHAM CLAIMANT

AND CALVIN TERRILONGE DEFENDANT

AND WINSOME DAVIS-TERRILONGE APPLICANT1

INTERVENER

Miss Gillian Mullings and Mr. Alando Terrilonge instructed by Messrs. Patrick Bailey &

Co. for the ApplicantIIntervener

Miss Vanessa Allard instructed by Messrs. Vacciana & Whittingham for the Claimant.

Miss Alicia Thomas for Defendant

Applicant1 Intervener in person

Miss Blondell the Claimant

Heard: 1 71h and 271h May 2005

Brooks J.

Mr. Calvin Terrilonge owes Mr. Carl Wyndham well in excess of $3,000,000.00.

The debt arises out of a judgment secured by Mr. Wyndham on 27/9/95. Mr. Wyndham,

in attempting to secure the h i t s of his judgment, obtained in April 2000, an order for the

sale of real estate in which Mr. Terrilonge has an interest as a joint tenant.

In March 2005, Mrs. Winsome Davis-Terrilonge, the wife of, and joint tenant

with, Mr. Terrilonge, filed the present application to set aside the order for sale. Mr.

Wyndham's Counsel, Miss Allard, contends that the order ought not to be set aside

because the application does not comply with the relevant rule.

The question that arises is whether this court may properly set aside the order for

sale in light of the long delay in making the application.