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Miller, George v Ralston Smith and Sean Smith

Court: 
Supreme Court
Catchwords: 

Sale of Land-Stamp Duty Act-Meaning of "first executed"within the meaning of section 32 (3) (3)(a).

Whether unstamped agreement for sale and unregistered vendor's mortgage are enforceable in equity-Whether equitable mortgage is entitled to possession of mortgaged Property on default by equitable mortgagors-Whether purchasers and equitable mortgagors of land entitled to an order of specific performance commanding the vendor and equitable mortgagee to register transfer of property to them-Exercise of inherent jurisdiction to made declaratory reliefs as to parties status in relation to the property in lieu of order for specific performance.

Document Type:

Year: 
2023
Suit/Claim number: 
SU2021CD00445
Neutral Citation: 
[2023] JMCC Comm 42
Judge(s): 
C. Barnaby J