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Undertaking guaranteeing damages which may arise from arbitration or court order – undertaking secured by judicial hypothec on 9 parcels of condominium development – order varied to secure the undertaking on 3 alternative parcels – allegation that counsel represented from the bar that the 3 alternative parcels were good for securing the guarantee – conditional support in letter from a valuer – whether the varied order should be set aside. Jada Construction Caribbean Limited v The Landing Limited HCVAP 11 of 2009 (St Lucia)
Civil Appeal – Unregistered land – Law governing Succession and Settlement under an 1856 will – life interest in unregistered land to named children with gift over to named grandchildren for their heirs and assigns forever in fee tail – whether great grandson of testator in possession of the land for over 40 years can lawfully dispose of all of the land by his will – ss. 5(2) and 30 of the Administration of Estates Act Cap. 377 of the Laws of St Vincent and the Grenadines – whether the surviving executor of this great grandson can validly sell all of the land to 1st respondent without a court order – subsequent sale of a portion of the land to 2nd respondent – purchasers having constructive notice - whether appellant a great great great grandson of testator under the 1856 will can obtain equitable relief and recover the land from the purchasers – Section 19 and paragraph 9 of the Schedule Part 1 of the Limitation Act Cap. 90 of the Laws of St. Vincent and the Grenadines – whether a beneficiary under a settlement can set up a claim for adverse possession against other beneficiaries – defence of laches and acquiescence – costs. Gerson Robertson v Baldwin King and Hariette Robertson HCVAP 20 of 2008
