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Allen, Michael Mitchell v Melford Randal Ward, Registrar of Titles
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW I1 ~~
SUIT NO. 2001/A - 036
BETWEEN MICHAEL MITCHELL ALLEN
AND MELFORD RANDAL WARD
AND REGISTRAR OF TITLES
CLAIMANT
FIRST DEFENDANT
SECOND DEFENDANT
C! IN CHAMBERS
Mr. Linton Gordon instructed by Frater, Ennis & Gordon for the
claimant
Mr. Christopher Honeywell for the first defendant
Miss Katherine Francis for the second defendant
February 14,18, and April 8, 2005
t
NEGLIGENCE, BREACH OF STATUTORY DUN, SECTION 140 OF THE
REGISTRATION OF TITLES ACT
Sykes J I
1. In this matter, the important question is whether the claim against the
Registrar of Titles is sustainable in law. Miss Francis makes three major
points only one of which I will resolve since it determines the matter
entirely. In a succinct manner, she submits that the allegations against the
Registrar do not and cannot establish negligence or breach of statutory
duty because she acted in accordance with the Registration of Titles Act