The Hon. Miss Justice Ingrid Mangatal

Striking out applciation under Rule 26.3(1) b and (c) CPR. - Co-opertaive Societies Act - Ouster clause - What is abuse of process - Whether issue estoppell aprlies to proceedings before decision - Maker other than Court - Absolute privilege - Whether applies - Whether no reasonable grounds disclosed in statement of case for bringing claim - Cause of action - Malicious falsehood - Matters that must be alleged - Whether words complained of specifically pleaded.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2009lHCV 00036

BETWEEN CABLE AND WIRELESS JAMAICA lSCt LAIMANT

LTD. (trading as Lime)

AND OCEANIC DIGITAL JAMAICA 2ND CLAIMANT

LIMITED (trading as Claro)

AND DIGICEL (JAMAICA) LTD. DEFENDANT

Mr. Gordon Robinson and Ms. Avrine Bernard instructed by Brady & Co. for the

2nd Claimant.

Mr. Paul Beswick, instructed by Ballantyne, Beswick & Co. for Defendant.

Mrs. Denise Kitson instructed by Grant Stewart Phillips & Co. for the lSCt laimant.

SUMMARY JUDGMENT APPLICATION UNDER PART 15 OF THE

C.P.R. - TIME BAR PROVISION IN INSURANCE POLICY - WHETHER

INSURER ENTITLED TO RELY ON CLAUSE - WHETHER CLAUSE

VOID AS BEING CONTRARY TO PUBLIC POLICY - WHETHER

APPLICATION NOTICE SUFFICIENTLY IDENTIFIED ISSUESRELIANCE

ON WITHOUT PREJUDICE CORRESPONDENCE -

WHETHER CLAIMANT HAS NO REAL PROSPECT OF SUCCEEDING

ON THE CLAIM

Whether tenant at will, tenant or licencee – Execution – Writ of possession – Whether agent of landlord liable when execution subsequently proves wrongful – No proof goods taken pursuant to warrant of levy - Trespass to goods – Measure of damages – Date of conversion not date of judgment.

Non - Attendance of witnesses – Affidavits struck out – Unsatisfactory state of evidence – Rare case In which burden of proof determining which party should succeed.

Summary judgment - Whether notice sufficient - Bribery - Secret benefit - Breach of fiduciary duty.

The real estate (dealers and developers) Act of  1987 - prepayment contracts - entered into in breach of provision land to be free of mortgage not concerned with construction or building - whether charge in favor of board void - Whether mortgagor required to compensate purchasers before effecting transfer under power of sale - Priority of mortgage/charge

Preliminary point - Application for permission to file a claim under the Property (Rights of Spouses) Act - Factors relevant to the exercise of the Courts discretion.

Adverse possession - Individual claims to possession of many distinct portions of land within large expanses of registered land - Sections 3, 30 of limitation of actions Act - Claim to over 12 years possession but no application to become registered under section 85 of

Registration of Titles Act -  Registered ownership of Land changing – Sections 68, 70, 71, 85, 161 of Registration of Titles Act - When does time begin to run conclusiveness and indefeasibility of registered title - Meaning of “subsequent operation of any statute of

Limitations”

Motor vehicle accident – Pedestrian crossing – Respective duties of driver and pedestrian.