Mais, Leon v Jamaica North South Highway Company Limited and China Harbour Engineering Company Limited
Negligence - Single Vehicle Accident on the Highway – The Duty of the Highway Maintenance Authority to a Motorist – Whether the Defendants breached their duty of Care to Claimant while carrying out construction on the Highway.
Rowe, Alphanso v Prince, Shamari and Kay-Ann Bookall
Civil Procedure - Application for relief from sanctions for failure to file witness statement and list of documents within the time specified by Case Management Conference orders – Whether the application was filed promptly – Whether the
information contained in the affidavits filed in support of the application satisfies the requirement for evidence on affidavit – Whether the failure was unintentional – Whether there is a good explanation for the failure – Whether the second defendant
Robinson, Kenya v Ashley, Her Honour Ms. Ashley
Judicial Review – Committal proceedings – Committal proceedings conducted by a single judge of the parish court sitting as an examining justice in a court of petty sessions – Accused person committed to stand trial in the circuit court for the offence of murder – Whether the decision of the examining justice is amenable to judicial review – Whether the statutory requirements for a committal on paper were complied with – Whether the impugned witness statement met the statutory requirements for admissibility – Whether the impugned witness statement purports to be signed by the maker and the r
Baldie, Oraine v The Parole Board
Application for leave for Judicial Review – Whether the court has jurisdiction to hear the Application – Whether there is an arguable case with a realistic prospect of success.
Reid, Patrick v Blackwood, Joshaua
Negligence - Duty of Care of Driver of Public Passenger Vehicle to passenger - Breach of Duty of Care - Whether the Defendant Driver breached his Duty of Care to his Passenger by putting the vehicle in motion while the passenger’s body was only partially inside. Damages - Pain and suffering and Loss of amenities.
Maras, Elena v Administrator General of Jamaica (Administrator of the Estate of Rudyard Muir, deceased) Between Administrator General of Jamaica v Elena Maras
Land Law – Instrument of transfer executed but not registered - Whether the transfer effectively transferred a gift in land to the transferee. - Recovery of possession of land - Adverse Possession - Whether at the time of an Application to the Registrar of Titles for transfer of title based on possession, the elements to satisfy adverse possession were present.
Thomas, Creslyn v Casserly, Carlos
Division of Matrimonial Property – Whether the property - A business - Is jointly owned by both Spouses or by the one Spouse and Third Parties - Whether the Claimant Spouse made any financial contribution to the development of the business - Whether the Claimant spouse made any non-financial contribution to the development of the business. Occupation Rent - Whether the Claimant spouse is entitled to occupation rent.
Maras, Elena v Administrator General of Jamaica (Administrator of the Estate of Rudyard Muir, deceased) et al
Land Law – Instrument of transfer executed but not registered - Whether the transfer effectively transferred a gift in land to the transferee. Recovery of possession of land – Adverse Possession - Whether at the time of an Application to the Registrar of Titles for transfer of title based on possession, the elements to satisfy adverse possession were present. Fraud – Indefeasibility of Title – Whether the current title holder knowingly, or wantonly not caring about truth of the contents presented false and misleading information to the Registrar of Titles to obtain the title.
Harrow, Enid v Wint Thorpe, Arlene
Application to strike out - Action on the Case - The tort of negligence from a motor vehicle accident - Limitation of action - Computation of time - Whether the day of the accident is excluded from the reckoning of time.
Facey, Romaine v Simpson, Michael Desmond Consolidated Angus, Marvin and Simpson, Michael Desmond
Negligence – Motor vehicle accident - Whether there was a breach of a duty of care.
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