NOTICE

 

The en banc sitting of the Judges of the Supreme Court of Judicature of Jamaica scheduled for Friday March 26, 2021 at 10:00am has been postponed until further notice.



The Hon. Miss Justice Tricia Hutchinson (Ag.)

Gardner, Keith v Ogunsalu, Christopher

Application to set aside Default Judgment - Whether incorrect procedure adopted in applying for default judgment-defamation - Actionable remarks - Defences of merit.

Williams, Donnadeen v Den Jon and Pen Ge, Xin

Application to set aside - Substituted service - Enlargement of time - Overriding objective - Importance of time limits - Application to set aside without notice order - Whether insurance company has done enough to bring documents to insured's attention.

Kerr, Myrtle v Kerr, Patrick

Application for recovery of possession – Equitable estoppel – Licensee - Constructive trust – Beneficial interest – Representation – Reliance – Unconscionable detriment.

Reid, Herbert v Reid, Michelle Neita

Slip rule – Liberty to apply – Ambiguities or clarification – In what circumstances can a perfected order be altered – Set off – Can a court overrule the order of a court of concurrent jurisdiction

McCrae, Elsa v Lindo, Derrick

Dispossession by co-owner - Limitations of Actions Act - Factual possession - What constitutes animus possidendi.

Lindo, Sylvester George and Lindo, Lemuel Augustus v Brown, Angella

Civil Procedure – Claimant’s action for recovery of possession of land pursuant to 8.1(4)(b) - Defendant’s application for court order to consolidate claims pursuant to Rule 26.2 of Civil Procedure Rule – Whether there are common issues of fact and law – Registrar of Title to produce documents pursuant to Section 42 ROTA – Whether title of claimant was obtained by the fraud - Injunction against trespass – –– Whether dispute may continue on the Fixed Date Claim Form.

R v M and the Childrens Advocate

Family law – Application for legal guardianship of a minor – Declaration of paternity - Parens partriae - Removal of child outside of the jurisdiction – Ward of court - Welfare of the child Section 14 of the Children (Guardianship and Custody) Act.

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