Intercontinental Credit Corporation v Boncamper et Al

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Hylton, J.
• Judgment Date: 05 February 1993
• Neutral Citation: KN 1993 HC 3
• Docket Number: No. 133 of 1991
• Date: 05 February 1993

High Court

Hylton, J.

No. 133 of 1991

Intercontinental Credit Corporation

and

Boncamper et al

Appearances:

Mr. Emile Ferdinand of Kelsick, Wilkin & Ferdinand for plaintiff

Dr. Henry Browne for the defendants

Judgment - Application for order for sale of land by judgment creditor — Application for order for sale of land opposed — Land owned jointly by first defendant and wife and mortgaged to bank — Judgment Act, Cap. 37, Section 3 — First defendant and wife do not hold under a trust for sale — Application for order for sale refused.

Hylton, J.

1 By a Writ filed on 31 ^st July, 1991 the plaintiff claimed against the Defendants the sum of U.S.($26,049.07)(E.C.$70,332.49) and interest thereon at the rate of 16% per annum from the 12 ^th September, 1990 until payment or Judgment.

2 Judgment in Default of Appearance in the sum of E.C.$81,241.84 and costs to be taxed was entered on 27 ^th August, 1991. Certificate of Taxation was filed on 23 ^rd December, 1991 in the sum of E.C.$4,943.96 and on 17 ^th February, 1992 Summons to set Aside Judgment in Default and Bill of Costs was filed. This Summons to set aside was heard on 6 ^th March, 1992 and it was Ordered as follows:–

1

The defendants' application is dismissed. 2. Costs to the plaintiff to be taxed if not agreed.

3 An application for Order for Sale was filed on 30 ^th November, 1992 and heard on 8 ^th January, 1993.

4 Affidavit of opposition to application for Order of Sale by Irving Boncamper first defendant was filed on 7 ^th December, 1992 and supplementary affidavit by the same Defendant was filed on 17 ^th December, 1992.

5 The Land the subject of the application for Sale is owned jointly by the first defendant and his Wife Idetha Boncamper and is also the subject of a First Mortgage held by the St. Kitts- Nevis-Anguilla National Bank Trust.

6 Mrs. Benjamin-Matthew of Messrs Mitcham and Benjamin appeared holding a watching brief on behalf of the First Mortgagee's The St. Kitts-Nevis-Anguilla National Bank Trust.

7 In opposing the application for Order for Sale Dr. Browne for the defendants submitted that the court ought not to do anything which would affect the interest of third parties who have not had an opportunity to be heard — this in particular reference to the other Joint tenant of the lands in question. He submitted further that no one but the joint tenants themselves can take action to sever their interests.

8 Mr. Ferdinand for the...