Kes Development Ltd v Jamaica Investment Associates Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN EQUITY

CLAIM NO: HCV 2567 of 2004

IN THE MATTER OF THE COMPANIES ACT

AND

IN THE MATTER OF AN APPLICATION TO

WIND UP JAMAICA INVESTMENT

ASSOCIATES LIMITED

BETWEEN KES DEVELOPMENT LTD.

AND JAMAICA INVESTMENT

ASSOCIATES LTD.

PETITIONER

RESPONDENT

Walter Scott, Esq. and Ms. Wanda Joseph instructed by Chancellor & Co. for Petitioner:

D.R.. Williams for the Respondent

Heard September 22, and October 6,2005

ANDERSON J.

I have been asked to provide my reasons for nly ruling in the instant case and I set these

out herewith.

When the petition filed by the Petitioner for the Company Jamaica Investment Associates

Liinited to be wound up pursuant to the provision of sectioils 203 and 204 of the

Conlpanies Act caine on for hearing on the dates in set out above, the Respondent by way

of a motioi~s ought to have the petition struck out. The relevant sections read as follows:

Section 203.

A Compaily inay be wound up by the Coui-t if:

a) the company has by special resolution resolved that tbe company be wound up by

the Court: