IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. IICV 0055312004

BETWEEN VICTOR LOWE

A N D NATIONAL INVESTMENT DEFENDANT

RANK OF JAMAICA

Mr. Christopher Dunkley and Miss Marina Sakhno instructed

by Cowan Dunkley & Cowan.

Mr. Charles Piper instructed by Piper & Samuda for the Defendant

Heard: 41h and 61h May, 2004, 6th and 15'~

July, 2004 and 21st Septern ber, 2004

McDonald, J (Ag.)

In this matter there are 2 notices before the Court. The first is filed on

behalf of the Claimant, Victor Lowe seeking the following:-

1. A Declaration under section 17.1 (b) that the said hypothecated funds

do not form security for the loan extended by the Defendant to

Pathway's Technologies Limited "(Pathways") of which the

Claimant is the Executive Chairman under the Loan Agreement dated

November 12,200 1 .