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Jamaica Youth Development Foundation v Portfolio International Jamaica Ltd
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CLAIM NO 2004/HCV 2305
BETWEEN JAMAICA YOUTH DEVELOPMENT FOUNDATION CLAIMANT
AND PORTFOLIO INTERNATIONAL JAMAICA LTD DEFENDANT
.IN CHAMBERS
Mrs. Denise Kitson instructed by Grant, Stewart, Phillips and
Company for the claimant
Mr. Christopher Samuda instructed by Earl Melhado of Earl Melhado
and Associates for the defendant
November 22,26, December 1 and 10,2004
Sykes J (Ag)
TENANT OF A MORTGAGOR, THE RENT RESTRICTION ACT AND THE
\
REGISTRATION OF TITLES ACT
1. This hearing raises this question: does a tenant who leases property
from a mortgagor, who let the property in breach of an express covenant
not to let the property without the written consent of the mortgagee,
becomes a tenant of the purchaser from the mortgagee who exercised his
power of sale? Is such a tenant a tenant under the Rent Restriction Ad
(RRA)?
2. This issue has arisen because I had granted an ex parte interim
injunction on October 8, 2004 restoring the claimant to possession of