The Bank Of Nova Scotia JA. Ltd v Walmar Trading Co. Ltd, etal

IN THE SUPREME COURT OF JUDICATWRE OF JAMATCA
IN COMMON LAW
SUIT NO. C.L. B-137 of 1999
BETWEEN THE BANK OF NOVA SCOTIA PLAINTIFF
JAMAICA LIMITED
AND WALMAR TRADING COMPANY FIRST DEFENDANT
LIMITED
AND RUDOLPH ANTHONY WALCOTT SECOND DEFENDANT
AND ANNETTE JOYCE ALLEN THLRD DEFENDANT
AND LASCELLES ROBERT WALCOTT FOURTH DEFENDANT
Miss Daniella Gentles instructed by Livingston, Alexander & Levy for the Plaintiff.
Mr. Norman Wright Q.C. and Mr. Heron Dale instructed by H. S. Dale & Company
for the Second and Third Defendants.
c Heard : July 5,2001, November 13,200 1, December 18,200 1 and December 13,2002.
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RATTRAY, J.
By a specially endorsed Writ of Summons dated the 1'' day of June, 1999, the
Plaintiff brought an action against the four Defendants claiming the sun1 of
$1,767,782.50, being monies loaned by the Plaintiff to the FGS~ Defendant, the payment
of which was guaranteed by the Second, Third and Fourth Defendants by Instrument of