LIVE STREAM: Annual Assize Service 2024


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

Newman, Garnet (Administratrix of the Estate of Claris Crawford-Thomas, deceased) v Crawford, Consie and Alfred Crawford et al

Civil Procedure – Res judicata – The doctrine of res judicata – Issue estoppel – The doctrine of issue estoppel – Whether the instant claim is a collateral attack on a previous order of the court – Whether the instant claim offends the doctrine of res judicata – Whether the claim offends the doctrine of issue estoppel – Whether the formalities for the sale of land have been satisfied in respect of the purported sale and purchase of the subject property – Intestates’ Estates and Property Charges Act, sections 2(1) and 4(1), Interpretation Act, section 41

Charley's Windsor House Limited v Prime Minister and Minister of Economic Growth & Job Creation

Judicial Review – Claim for judicial review – Availability of remedy – Certiorari – Application for the grant of an order of certiorari to quash the decision of the minister with responsibility for town and country planning – Mandamus – Application for the grant of an order of mandamus to compel the minister with responsibility for town and country planning to grant the application for building and planning permission to construct a fuel station and convenience store – Whether the decision to refuse the application is unreasonable – Whether the defendant failed to comply with the statutory

CEAC Outstanding Company Limited v Minister of Industry Commerce Agriculture and Fisheries

Judicial Review – Claim for judicial review – Availability of remedy – Prohibition – Mandamus – Whether the Minister of Industry, Commerce, Agriculture and Fisheries has a statutory duty to issue guidelines for the transportation and handling of ship-generated food waste in accordance with environmental permits – The Animals (Diseases and Importation) Act – Plant (Quarantine) Act – Shipping (Training, Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations 1998

Warren, Phyllis 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

Palmer, Adidja v Minister of National Security, Superintendent of Tower Street Adult Correctional Centre and the Attorney General of Jamaica

Injunction – Application for the grant of an interlocutory injunction – Application for the grant of an interlocutory injunction made against the background of a constitutional claim challenging the legality of an inmate being held in solitary confinement – Whether there is a serious issue to be tried – Whether the application is frivolous and vexatious or amounts to an abuse of the process of the court Natural justice – Due process – Inmate allegedly found in possession of a prohibited article – Inmate employed to his cell while investigations are pending – Whether inmate afforded the righ

Anderson, Roy K v Clacken, Dwight

Defamation – Publication containing defamatory imputation against the claimant – Meaning of words published – Implications – Innuendo
Burden – Burden of proof – Standard – Standard of proof – Whether the intention of the defendant is relevant –
Defence – Defence of truth – Defence of fair comment
Damages – Principle of compensation to an individual claimant – The Defamation

Grant, Victoria, Linsford Hamilton and Cyril Anderson et al v Noranda Jamaica Bauxite Partners, Noranda Jamaica Bauxite Partners 11 et al

Injunction – Application for the grant of an injunction – Threshold test – Whether there is a serious issue to be tried – Balance of convenience – Whether the balance of convenience lies in favour of the grant of injunctive relief – Irreparable harm – Whether the applicants would suffer irreparable harm should the application for the grant of an injunction be refused – Whether the respondents would suffer irreparable harm should the application for the grant of an injunction be allowed – Application for the grant of an injunction made against the background of a constitutional claim challen

Grant, Victoria and Linsford Hamilton et al v Noranda Jamaica Bauxite Partners, New Day Aluminium (Jamaica) Limited et al

Constitutional law – Fundamental rights – Redress – Constitutional claim challenging the lawfulness of bauxite mining activities on the part of the defendants – Breach of fundamental rights – Right to life – Right to receive information – Right to reside in any part of Jamaica – Right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage – Right to protection from degrading treatment.

Grant, Jamar v Lee, Angela and Kirk Lee(1)

Civil Procedure – Interlocutory application to strike out impugned paragraphs contained in specific affidavits – Relevance – Whether the evidence contained in those affidavits is relevant – Admissibility – Admissibility of evidence contained in specific affidavits – Whether the statements contained in the affidavits are scandalous – Whether the statements contained in the affidavits are irrelevant or otherwise oppressive rendering them inadmissible – Whether the statements contained in specific affidavits if allowed to remain would impede the just disposition of the matter – Whether the pre

Hudson, Winston v Fagan, Michael and Yvonne Fagan

Injunction – Threshold test – Whether serious issue to be tried – Whether the balance of convenience lies in favour of the grant of injunctive relief – Whether damages are an adequate remedy
Restrictive covenant – Breach of restrictive covenant – Whether the restrictive covenant creates an inviolable right – Whether the restrictive covenant creates an absolute right for all time – Defence – Whether delay or acquiescence

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Strategic Plan

Strategic Plan for the Jamaican Judiciary 2024-2028