Shirley Doig-Warner v Theodore Lewis, etal

IN THE SUPREME COURT OF JUSTICE OF JAMAICA

IN COMMON LAW

SUIT NO: C.L. 2002 W 070

BETWEEN SHIRLEY DOIGWARNER CLAIMANT

AND THEODORE LEWIS lSTD EFENDANT

AND GERTRUDE LEWIS zND DEFENDANT

Mr. Joseph Jarrett instructed by Joseph Jarrett & Co for the Claimant; Mr. David Henry,

instructed by Ms. Gail English of Gilroy English & Co. for the Defendants.

HEARD hllarch 9, 10,2005 and April 7,2005

ANDERSON J.

This is a tale of two (2) properties and the persons who have now become embroiled in

litigation because of their allegedly competing claims to at least a part of one. It is as

counsel for the defendants indeed suggested in his closing submissions, a somewhat

unfortunate situation. The properties involved in this dispute are No. 10 Swansea

Avenue, Kingston 8 in the Parish of St. Andrew and registered in the Register Book of

Titles at Volume 1242 Folio 510, and No. 8 Watson Drive, itself registered in the

Register Book of Titles at Volume 1049 Folio 206.

In order to assist with clarifying the nature of the problem, and because a picture is worth

a thousand words, taking a leaf out of the book of Sykes J.', I am attaching hereto copies

of two (2) Surveyors' Reports, one prepared by Mr. Ronald Haddad of Ronald Haddad &

Associates, dated March 1, 2005, and the other prepared by Angulu Associates,

Commissioned Land Surveyors, and dated December 7, 2001. These reports were, by

agreement, entered into the evidence as Exhibits 1 and 8 respectively, but they are ,

attached to this judgment as Appendices A (Haddad) and B (Angulu).

I Sykes J.(Ag. as he then was) in the unreported case Pollock v Bee Homes