IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE CIVIL DIVISION

CLAIM No. HCV 540/2004

BETWEEN LITTLE BAY LIMITED

AND CAPITAL AND CREDIT

MERCHANT BANK

CLAIMANT

DEFENDANT

Cl Mr. H Charles Johnson for instructed by H. Charles Johnson

and Co. for claimant

Mr. Audel Cunningham and Mr. Courtnay Bailey instructed by

Dunn Cox for defendant

MAY 5 , 2004

SYKES J (AG)

APPLICATION FOR INJUNCTION

C)

The claimant by way of fixed date claim form dated

March 15, 2004 is seeking two remedies:

a. that the mortagee be prevented from negotiating

the sale of the said property of the mortgagor

within 14 day of the order;

b. that the interest charged on the loan by the

mortgagee be rectified allowing for certainty

and clarity;