Richard Escobar and Pamela Escobar v Chub Cay Realty LLC; Chub Cay Realty LLC v Richard Escobar and Pamela Escobar

• Jurisdiction: Bahamas
• Judge: Sir Michael Barnett, P, Kt
• Judgment Date: 05 March 2024
• Neutral Citation: BS 2024 CA 29
• Docket Number: SCCivApp & CAIS No. 98 of 2022
• Court: Court of Appeal (Bahamas)

IN THE MATTER OF a Grant of Easement by deed dated 22 July 2004 between Chub Cay Resorts Limited of the first part, Chub Cay Associates Limited of the second part AND Cynthia S Brouwer et al (collectively called the Grantees) of the third part, recorded in the Registry of Records in book 11394 at pp. 435 to 454.

BETWEEN

(1) Richard Escobar and Pamela Escobar

(2) Charles Vose Jr

(3) Msairnsea LLC

Appellants

and

Chub Cay Realty LLC

Respondent

BETWEEN

Chub Cay Realty LLC

Appellant

and

Richard Escobar and Pamela Escobar

1st Respondents

Charles Vose Jr.

2nd Respondent

Msairnsea LLC

3rd Respondent

Before:

The Hon Sir Michael Barnett, President, Kt

The Hon Mr Justice Isaacs, JA

The Hon Mr Justice Evans, JA

SCCivApp & CAIS No. 98 of 2022

SCCivApp & CAIS No. 100 of 2022

IN THE COURT OF APPEAL

Appearances:

Mr John Delaney, KC, with Ms Lena Bonaby, Counsel for Appellants in 98/2022 and Counsel for Respondents in 100/2022

Mr Carlson Shurland, KC, Counsel for Respondent in 98/2022 and Counsel for Appellant in 100/2022

1 (Clarification of Order)

2 The oral judgment of the court was delivered by

Sir Michael Barnett, P, Kt

3 Our Order is a simple Order, that Appeal No. 98 of 2022 is allowed by varying the Second Declaration in the manner that we set out at paragraph 41 and that the appeal in Action No. 100 of 2022 is dismissed. That is all we have said. That is the Order of this court.

SIR MICHAEL BARNETT, P, Kt