The Hon. Mr. Justice Bertram Morrison

Douglas, Everton et al v The Minister of National Security, the Commissioner of Police and the Attorney General of Jamaica

Part 57 of Civil Procedure Rules – Writ of Habeas Corpus ad subjiciendum – principles of Law applicable – Constitution of Jamaica; s. 9, 10, 13, 14 & 20 – The Emergency Powers Act; The Emergency Powers Regulations – s. 30, 33 & 38; Separation of Powers Doctrine/Principle whether Executive breached Doctrine – whether Detention of Petitioners unlawful under EPA & EPR as being in breach of Constitution – proportionality – whether measures under EPA reasonably justifiable.

Guyah, Omar and Brown, Cordella v Drummond, Jack and Lawrence, Winston et al

Evidence – Witness summons and witness summary issued by a party for an opposing party – Validity of witness summons – Application to strike out witness summary – Application to strike out portions of the claimants’ statement of case on the basis that it is a collateral attack on a previous decision of the privy council – Civil Procedure Rules, rules 29.6 (3), 33.2, 33.3(4) and 33.3(5)

Spencer, Mavis v Hansle, Dennis and Hansle, Petal

Oral Contract for Sale of land – Section 4 of the Statute of Frauds – Deposit made to Vendor – Receipt issued for deposit – Whether receipt sufficient act of part performance – Whether consideration has wholly failed – Promissory Estoppel – Forfeiture of Deposit – Innocent /Negligent/Fraudulent misrepresentation – Caveat against Dealings – Evidence – How to deal with issue of credibility.

Dixon, Jennifer (Administrator Ad Litem of the Estate of Barrington Dixon, deceased v Runte, Angella et al

Sale of land - Undated contract for sale of land between claimant and first defendant - Prior agreement for sale of land between the first defendant and second defendant – Undated contract repudiated by first defendant – Caveat entered by claimant –Whether claimant entitled to specific performance - Caveat entered by second defendant prior to signing of agreement for sale between claimant and first defendant – Claimant’s claim for specific performance – Whether statute-barred - Whether claimant entitled to order for adverse possession – The Limitation of Actions Act - Laches – whether claim

Cameron, Karen v Thomas, Andrew Ray

Whether matrimonial home to be regarded as family home - Section 2 of The
Property (Rights of Spouses) Act – Can Section 14 of Act be used to confer share
of property to a spouse if property is not family home - Evidence

Davis-Reid, Kimani v Nolan, Eugene

Motor vehicle accident - Differing medical diagnoses by two experts – Criteria for accepting one report above the other – General damages to be assessed for pain and suffering – Significance of differing whole person percentage impairment by experts.

Dunkley, Olga v Dunkley, Oswald James

Matrimonial home - Consent order filed that parties are joint tenants of subject property - Order that property to sold and net proceeds of sale be distributed between parties equally - Order that either party can elect to purchase property - Neither party electing to purchase property - Which party is to have first option to purchase property.

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