Smith (Ernest) v Joban Parker and another

• Jurisdiction: Jamaica
• Judge: D. O. McIntosh, J.
• Judgment Date: 20 November 2009
• Judgment citation (vLex): [2009] 11 JJC 2002
• Court: Supreme Court (Jamaica)
• Docket Number: CLAIM NO. 2007 HCV 03988
• Date: 20 November 2009

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE CIVIL DIVISION

CLAIM NO. 2007 HCV 03988

BETWEEN

ERNEST SMITH

CLAIMANT

AND

JOBAN PARKER

1 ^st DEFENDANT

AND

ANNIE HARRIS

2 ^ND DEFENDANT

REAL PROPERTY - Interest - Declaration of interest in land - Caveat - Order for removal of caveat - Registration of Titles Act, s. 139

D. O. McIntosh, J.

1 There is no evidence before this Court showing that the Defendants are persons claiming any estate or interest in the lands of the claimant registered at Volume 1333 Folio 834 of the Register Book of Titles as required by section 139 of the Registration of Titles Act.

2 This Court will enter judgment for the claimant on the claim and Order:

• 1. That the Registrar of Titles remove Caveat No. 1433668 Lodged against all that parcel of land part of Hanbury Pen called Barrett Piece in the Parish of Manchester containing by survey two hectares and seven hundred and ten thousandths hectares comprised in the Certificate of Title registered at Volume 1333 Folio 834 of the Registered Book of Titles.

• 2. Costs to the claimants to be agreed or taxed.