Smith ,Hopeton v Franklyn Hall etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN EQUITY
SUIT NO. E126/1986
c- BETWEEN HOPETON SMITH
AND
FRANKLYN HALL
ADMINISTRATOR FOR
ESTATE OF EDWARD HALL
PLAINTIFF
DEFENDANT
Heard on September 27,28,29,30 1999 and 16'~~ anuan2/ 001
Miss Sandra Johnson instructed by Messrs. Robinson, Phillips and Whitehorne for the
Plaintiff
Mr. Hugh Faulkner instructed by Mr. Leroy Equiano of Kingston Legal Aid Clinic for the
Defendant.
GLORIA SMITH, J.
The Plaintiff, Hopeton Smith brought action against the administrator of the estate of
Edward Hall, Franklyn Hall, the defendant in this matter for :
1. Specific performance of a contract for the sale of lands by virtue of an option to
purchase clause in a lease agreement between himself and the deceased Edward
Hall.
2. Further or alternatively damages for breach of contract
3. Production of the two duplicate certificate of titles registered at volume 577 folio 66
and volume 580, folio 59 of the Register book of Titles
4. The Registrar of the Supreme Court be entitled to sign any document which would
give effect to the transfer of the titles in this matter to the plaintiff, if the personal
representative of the estate of Edward Hall refuses to do so
5. Costs
6. Further or other relief.
In his Statement of claim the Plaintiff alleges that he and the deceased Edward Hall
made a lease agreement dated June 16, 1976 for a period of five years with effect from
the 1' of August 1975, at a net yearly rent of five hundred dollars. That on the 1' day of
May 1980, he exercised the option pursuant to provisions of the lease agreement, to
purchase the properties in dispute known as lots 74 and 78, Higgin Town, part of
Content in the parish of St. Ann, being the lands registered at volume 577, folio 66 and
volume 580 and folio 59 respectively of the Registered Book of Titles. Further, that
Edward Hall died on the 2"d of August 1976, leaving a Will, naming one Harry Green