IN THE SUPREME COLJRT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. CL 1998lMc339

BETWEEN OLETHIA McGIBBON CLAIMANT

AND CARICOM DEVELOPMENT

LIMITED 1 ST DEFENDANT

AND ISLAND HOMES LIMITED 2ND DEFENDANT

Mrs. Ursula Khan instructed by Khan & Khan for the claimant.

Maurice Manning and Ms. Ayana Thomas instructed by Nunes Scholefield Deleon

& Co. for the defendants.

Heard: 6'", 14'" and 15'" April and 27'h October 2004

Campbell, J.

Olethia McGibbon started her business selling on the streets, from where she

C with Caricom Development Limited for the lease of shop # 89 in the Spanish Town

bus terminal. The lease was for a period of one year and was the first of three oneyear

terms that McGibbon would occupy in shop #89. Pursuant to the lease

agreement, she deposited 12 postdated cheques; these were to cover maintenance

and rent. During the first term, the maintenance charges were increased. In a letter

dated 1 9 th~ u ~ u1s99t6 McGibbon was advised as follows: