Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

The Hon. Miss Justice Anne-Marie A. Nembhard

Gayle, Hupert v The Transport Authority

Civil Procedure – Application to strike out claimant’s statement of case – Claim for wrongful dismissal – Whether the claimant’s statement of case discloses any reasonable grounds for bringing the claim – The distinction between a claim for wrongful dismissal and one for unjustifiable dismissal – Whether the claimant’s statement of case ought properly to be struck out – Sections 11 and 11B, The Labour Relations and Industrial Disputes Act – Rules 9.6 and 26, Civil Procedure Rules, 2002, as amended

Whyte, Renee v Lawrence, Jermaine and Hepburn Shaw

Negligence – Motor vehicle collision – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road code – Breach – Effect – Breach creating no presumption of negligence – Contributory neglince - Credibility of witnesses.

Damages – Personal injury – Quantum of damages Road Traffic Act, sections 51(2), 53(1)(a) and (b) and 95(3), Island Traffic Authority Road Code, Part 2 – 1, 35, 39(b),(c),(d) and (e) and 40

Tharpe, Anthony v Walters-Wellington, Nicole and Bryan Sykes

Civil procedure – Striking out – Application to strike out claimant’s statement of case – Whether the claimant’s statement of case ought properly to be struck out – The approach of the court in dealing with an application to strike out – Whether the claimant has sufficiently particularized the claim – Whether the claimant’s statement of case as framed constitutes an abuse of the process of the court – Whether the claimant’s statement of case is prolix, frivolous and vexatious and without merit – Whether the claimant’s statement of case discloses any reasonable grounds for bringing the claim

Lee, Wendy (Administratrix of the Estate of the Late Thomas Chambers, deceased) v Fletcher, Patrick

Limitation of Actions – Land – Registered land – Trespass – Right to possession of land – Injury to possessory rights – What is deemed to be possession of land – Actual possession – Intention to possess land and the exercise of control over it to the exclusion of other persons – Nature and character of land – Unlawful and unjustifiable presence on land in the possession of another – Whether the 
claimant has proven that the defendant’s actions amount to the tort of trespass – Burden of proof – Standard of proof – Balance of Probabilities
Defence – Defence to trespass

Coley, Shalanda v Smith, Zadia-Kay and Murline L. Coley (Administratrix of the estate of Damian Coley)

Civil procedure – Summary judgment – Interlocutory application for summary judgment – Whether summary judgment ought properly to be granted in favour of the claimant on the claim – Whether summary judgment ought properly to be granted in favour of the ancillary claimant on the ancillary claim – The approach of the court in dealing with an application for summary judgment – Whether the defence to the claim has a reasonable prospect of success – Whether the defence to the ancillary claim has a reasonable prospect of success - Burden – Burden of proof – Standard – Standard o

Fletcher, Samantha v Jamaica Racing Commission

Judicial Review – Claim for judicial review – Illegality – Error of law – Whether the operations stewards were duly authorized to investigate the claimant for failing to take all reasonable and permissible measures throughout a race to ensure that a horse that she was riding was given the best possible placing in the race – Whether the operations stewards were duly appointed authorized persons by the commission – Whether the operations stewards were duly issued with certificates of appointment as required by statute.

Watson, Rohani v Irving, Calvin

Negligence – Motor vehicle collision – Vehicle parked on the roadway approaching a bend or curve in the roadway – Vehicle attempting to move around parked vehicle – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road Code – Breach – Effect – Breach creating no presumption of negligence – Road Traffic Act, sections 51(2), 53(1), 95(3), Island Traffic Authority Road Code, Part 2 – 35, 39(b), (c), (d) and (e) and 40

Warren, Phyllis (Administratrix of the Estate of Cecil Warren, deceased) and in her own tright v The Administrator General for Jamaica

Limitation of Actions – Adverse possession – Land – Registered land – Tenancy-in-common – Co-owners hold interest in land as tenants-in-common – Extinction of title of registered co-owner – Whether the now deceased co-owner was dispossessed of his interest in the land prior to his death – Whether the estate of the now deceased co-owner was dispossessed of his interest in the land subsequent to his death – Whether the interest of the now deceased co-owner passed to his estate upon his death – Whether the claimant has proven that she has been in open and undisturbed possession of the land for

Williams, Terrence v Rowe, Det. Sgt. Patrae, Tameca Thomas (In their representative capacity for and on behalf of the Jamaica Police Federation and Det. Sgt. Patrae Rowe

Defamation – Press release containing defamatory imputations against the claimant – Meaning of words published – Implications – Innuendo .
Burden – Burden of proof – Standard – Standard of proof – Whether the intention of the defendants is relevant.

Defence – Defence of fair comment – Defence of qualified privilege.
Damages – Principle of compensation to an individual claimant – The Defamation Act, 2013, sections 2, 3, 20(2), 20(3), 21(1), 30(1) and 30(2).

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