IN COURT: Jamaican Parish Judge refers 'fraud' claim to High Court

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Last Monday, one lawyer felt that his case was delayed if not defeated when the Parish Judge referred the case for recovery of possession to High Court.
The case was referred, and it did not make sense for the attorney to argue as the Defendant claimed the Plaintiff’s title was fraudulent, if not fraudulently obtained.
The Defendant claimed he had been living there with siblings up to the time of his mother’s death and along with the other children enjoyed good relations with her. He further dramatised that he had proof from a handwriting expert that the signature on the title transfer was not consistent with that of his mother on other documents.

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The Plaintiff, his sister, he alleged had obtained the title in her name only after she forged the signature of the now deceased mother.
The lawyer went beyond his calling to impress upon the Parish Judge several reasons for continuing the matter, but she insisted that once fraud was a defense for recovery, the case had to be heard elsewhere.
Somewhat of a defense had also been filed, albeit with an incorrect format and wrong heading, but that can be worked out with proper instructions to a good attorney.
Remember that all Resident Magistrates are now Parish Judges, and Resident Magistrate Courts now Parish Courts in Jamaica.
Legal Wiz

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