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Judgment

Walter Godfrey v Maggie Ryan Hemmings and Ors

Civ App 0008/1972 · 1974-06-26

Declaration of title; Trial court’s factual findings upheld; No error of law found; Appeal dismissed

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In the Court of Appeal of the Cayman Islands — Civil Division
Cause No. Civ App 0008/1972
Between
Walter Godfrey
- v -
Maggie Ryan Hemmings and Ors
Before
Edun JA, Graham-Perkins JA, Swaby JA
Judgment delivered 1974-06-26

JAMAICA

IN THE COURT OF APPEAL

CAYMAN ISLAND CIVIL APPEAL NO. 8/72.

BEFORE: The Honourable Mr. Justice Edun - Presiding
The Honourable Mr. Justice Graham-Perkins, J.A.
The Honourable Mr. Justice Swaby, J.A.

BETWEEN:
WALTER GODFREY - Plaintiff/Appellant
AND:
MAGGIE RYAN HEMMINGS)
MAUD RYAN JERVIS )
MARVIN RYAN ) - Defendants/Respondents

26th June, 1974

Mr. H. Edwards, Q.C. for Plaintiff/Appellant
Mr. John Stafford and Mr. Arthur Hunter for Defendants/Respondents

EDUN, J.A.:

We have listened attentively to submissions of learned attorney for the plaintiff/appellant. He does not dispute that the entire case involves a decision on the facts of the case. The learned judge of the Grand Court saw the witnesses, assessed the evidence and came to his conclusion thus:

" The plaintiff has not made out a case for a declaration of title to my satisfaction."

There was ample evidence to warrant such a conclusion, reasonably.

There is no question of law involved and I see no reason why I should interfere with the conclusion of the learned judge of the Grand Court. I would dismiss the appeal.

GRAHAM-PERKINS, J.A.: I agree.
SWABY, J.A.: I agree.

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