Court name
Supreme Court of Turks and Caicos Islands
Case number
CL 138 of 2019

Charlene Maria Jones and another v. The Estate of Hazel Jane McIntosh (CL 138 of 2019) [2020] TCASC 5 (23 September 2020);

Law report citations
Media neutral citation
[2020] TCASC 5
Case summary:

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 [1995] 3 All ER 534 (CONSIDERED); Al-Koronky v Time-Life Entertainment Group Ltd [2006] EWCA Civ 1123, [2006] All ER (D) 447 (DISTINGUISHED).

Coram
Agyemang, CJ