Montique, Charles v Smith, Constable Audrey, Attorney General and Detective Constable Tashana Hinds
False Imprisonment – Malicious Prosecution – Whether there was Reasonable and Probable Cause Damages – Aggravated Damages – Exemplary Damages - Vindicatory
Fagan, Fredrick v Perry, Kenneth
Land Law – Fraud – Defeasibility of title – Breach of contract of Sale for Land – Whether a contract was duly formed between the parties – Whether the Defendant/Purchaser completed payment of the purchase price – Whether the Defendant was a purchaser in possession or a Tenant – Whether the Registered Title was transferred to the Defendant by fraud – Whether a contract is still enforceable where there is fraudulent performance.
Maise, Oral v Jamaica Beverages Limited
Negligence - Occupier’s Liability Act - Breach of Duty of Care - The Claimant
alleges that he fell from the steps of the Employer’s Truck which were wet due
to heavy rains - Whether the employer failed to provide a safe system of work.
Palmer, Adidja; Shawn Campbell and Andre St. John v Superintendent of Tower Street Correctional Centre, Attorney General and the Director of Public Prosecution
Writ of Habeas Corpus ad subjiciendum. The Conviction of the Applicants on charges for murder, have been quashed but the issue as to whether they should be retried is still pending - Where a conviction has been quashed, and no verdict of acquittal yet entered, whether this results in the removal of the charge against the Applicants – Whether any further detention after the quashing of the conviction.
Buddington, Romarne v Jamaica Urban Transit Company Ltd. v Winston Allison
Negligence - Motor vehicle accident - Breach of duty of care - Assessment of damages
Wint Harrow, Enid v 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.
Hemans, Barrington v Tennant, Dean
Land Law - Breach of Contract - Specific performance and damages - Oral Agreement - Claimant alleges that the oral contract was later reduced to writing for the purpose of transfer of title - Whether the unavailability of the written contract is fatal to the claim - Whether there are sufficient acts of part performance - Whether these acts are referable to an oral agreement for the sale of land or to a tenancy.
Riley-Smith, Odette v Dental Council of Jamaica, the Minister of Health and Wellness and the Attorney General of Jamaica
Application for Leave for Judicial Review - Whether there is a discretionary bar of delay - Whether the fact that the Applicant was in communication with the decision maker, seeking clarification, suspends the running of time. Whether the court can grant an extension of time in the absence of an application from the Applicant for an extension of time- Whether there is an arguable ground with a realistic prospect of success. (Rule 56).
Walters-Aikman, Alecia v Hibbert, Richard
Motor vehicle Accident - Negligence - Breach of duty of care.
Anikwue, Monique Ifeoma Elizabeth v DCR Hardware and Construction Ltd
Application for interlocutory injunction - Whether there is a serious issue to be tried – Whether damages are adequate – Whether the application is in the nature of a permanent injunction - Whether an injunction can be granted at the interlocutory stage where there is no claim for permanent injunction in the Claim - Whether it is necessary to make a distinction between mandatory and prohibitory injunction - (Rule 17 of the Supreme Court Civil Procedure Rules, 2006.)
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