Marcia Hemmings v The Attorney General of Jamaica & Commissioner Of Lands

IN THE SUPREME COURT OF JUDICATURE

CLAIM NO. E315/1998

MARCIA HEMMINGS

CLAIMANT

THE ATTORNEY GENERAL OF JAMAICA 1 ST DEFENDANT

COMMISSIONER OF LANDS 2ND DEFENDANT

Mrs. Ursula Khan and Charles Campbell appear for Claimant instructed by

Khan & Khan.

Patrick Foster, Mrs. Syrnone Mayhew and Miss Nicola Brown appear for Defendant

instructed by Director of State Proceedings.

Heard: January 26-28 & 30,2004; February 26,2004; March 16,2004 &

July 28,2004.

Introduction

The claimant, Marcia Hemmings, has been operating a food and beverage

business, known as "Jamaica Gates", on government-owned lands on the Norman

Manley Highway since 1982.

In 1990 she entered into a five-year lease, with an option to renew, with the

Commissioner of Lands.

She has brought this claim against the Commissioner of Lands and the Attorney

General seeking a declaration that she is entitled to a renewal of the lease. She also seeks

a declaration that such renewal should be for a period of at least 40 years. Additionally,

she claims damages for breach of the agreement or alternatively compensation for the

permanent structures she has erected. In May 2003, the court made an order striking out