4/16/2013
START DATE
END DATE
21-Apr-17
Michael Pearman vs. Terry Fray and Kendaree Fray
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda Civil Jurisdiction
Civil Law Property Law
Hellman J
Mr. Delroy Duncan Trott & Duncan
Mr. Martin L Johnson Barrister and Attorney
FACTS OF THE CASE:
summary of Dispute over ownership of a private roadway in St. David's Parish with the plaintiff seeking a declaration of fee simple interest or a right of way and damages for obstruction by the defendants. The defendants counterclaimed for an injunction and damages.
SUMMARY:
Ownership and right of way over the roadway damages for obstruction
OUTCOMES:
Plaintiff holds fee simple interest in the roadway since 7th November 2016 had no right of way prior to this date granted a permanent injunction against the second defendant claims for damages incurred prior to 7th November 2016 dismissed adjourned hearing for respective claims for damages.
RULED IN FAVOUR OF:
Plaintiff (Michael Pearman)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Michael Pearman vs. Terry Fray and Kendaree Fray
summary of Dispute over ownership of a private roadway in St. David's Parish with the plaintiff seeking a declaration of fee simple interest or a right of way and damages for obstruction by the defendants. The defendants counterclaimed for an injunction and damages.