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Bennett, Sharon and Charlene Thomas v. Vivian Donaldson and Vivian Donaldson (Representative of the Estate of Ena Donaldson, now deceased)

Court: 
Supreme Court
Catchwords: 

Agreement for sale of land-purchaser entering into possession for a period of time-Whether liable for interest on unpaid balance of purchase price or mesne profits-Consequences of vendors remaining in possession thereafter-Specific performance-Whether vendors guilty of wilful default.

Where vendor in possession in default, but not wilfu;, entitlement to rents and profits, and not interest-Purchaser entitled to remedy of specific performance-Deduction of costs from balance purchase price and interest.

Procedure-Whether late filing of witness statement should stand-Whether party's witness statement should be admitted as hearsay evidence

Document Type:

Year: 
2012
Suit/Claim number: 
HCV 01719 of 2008
Neutral Citation: 
[2012] JMSC Civil 30