Maynard Hamilton and Kevin Francis Judge, Gary Judge, Damien Judge and Seamus Judge
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 12 March 2009 |
| Neutral Citation | [2009] NICh 4 |
| Court | Chancery Division (Northern Ireland) |
| Date | 12 March 2009 |
| Year | 2009 |
1
Neutral Citation No.: [2009] NICh 4Ref:
DEE7435
Judgment: approved by the Court for handing downDelivered:
12-03-09
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
CHANCERY DIVISION
________
BETWEEN:
MAYNARD HAMILTON
Plaintiff;
-and-
KEVIN FRANCIS JUDGE, GARY JUDGE,
DAMIEN JUDGE AND SEAMUS JUDGE
Defendants.
_______
DEENY J
[1]This action relates to a disputed sale of lands at Obins Street,
Portadown. The third defendant was the owner of a dwelling house No. 168
Obins Street. It adjoined the entrance to a much more extensiveproperty
immediatelybehind it. That property wasprincipally a large yardbutalso
included in the original or altered form the gardens of a number of other
dwelling houses on Obins Street. The titles to the property were various and
by then in the hands of the defendants but, the court was told, were all owned
at the time of trialby Kevin Francis Judge.
[2]By writ of summons of 18 February 2008 the plaintiff contended that
on or about 12 June 2007 he had negotiated a contract with the defendants for
the sale of both parcels of land in the sum £2,250,000. While initially in their
defence the defendants agreed to that date of 12 June 2007 it was common
case on the evidence that the discussion which gave rise to the agreement
relied on by both parties in different ways took place on 14 May 2007.
However, the defendants from the beginning maintained that the
consideration for the two parcels of land was to be £2,500,000 rather than
£2,250,000. The matters to be decided by the court are essentially what wasin
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