Theophilus McIntosh purchased 87 acres of raw land in East Cays, Providenciales. Theophilus’ son, Ephraim, acquired the property during Theophilus’ lifetime, the plaintiffs say, by fraud. Ephraim’s wife, Hazel-Jane, acquired the property through Ephraim who pre-deceased her. The representatives of Hazel Jane’s estate, Virginia and Anishka, the defendants to this suit, filed a summons seeking security for costs up to discovery.
Headnote and holding:
Summons for security for costs dismissed, with costs to the Plaintiffs.
The court must satisfy itself that there exist other circumstances which, taken together with the fact of non-residence, make it more probable than not, that the defendant will be left with unsatisfied costs should the plaintiff’s case not be made out (paras 14- 24): Eatmon and others v Hallmark Bank and Trust Ltd and Others No. 1 CL 154/2008 (unreported, Turks and Caicos Islands Supreme Court) (CONSIDERED); Keary Developments Limited v Tarmac Construction Ltd  3 All ER 534 (CONSIDERED); Al-Koronky v Time-Life Entertainment Group Ltd  EWCA Civ 1123,  All ER (D) 447 (DISTINGUISHED).