Tanner, Mary Elaine (Executrix of the Estate of Donald Tanner) v Brown, Karlene and Brown, Sophia et al
Probate Executrix overseas-Locus standi to bring claim –Affidavit evidence- Whether hearsay and inadmissible- Whether equitable mortgage valid –Whether promissory note enforceable-Interpretation of promissory note-Whether “on or before” sufficiently certain- Whether promise made by testator prior to his death enforceable against estate – Whether debt discharged –Whether equitable mortgage enforceable against non-parties to the loan- Whether equitable mortgagors estopped- Undertaking-Whether attorney at law in breach.
Murphy, Shevaughn v Menzie, Carlton and Others
Negligence – Motor vehicle collision –Whether claim to be dismissed because 3rd Defendant’s driver pled guilty in the traffic court- 1st Defendant turning –Duty of turning driver- Duty of overtaking driver- Damages – Fractures, whiplash ,3% PPD.
Hylton, Trudi-Ann v Washington, Wizzard and DaCosta, Patrick Consolidatd with Hylton, Shaun v Washington, Wizzard and DaCosta, Patrick
Negligence- Motor Vehicle Accident – U-Turn on major thoroughfare – Whether Passing Vehicle at Fault – Damages – Muscular ligament – Splinters in Eyes – abdominal pain.
Harris, Celestine v Harris, Henry
Matrimonial Property – Relationship commenced when parties were 16 and 18
years old respectively - Both participated In development of a pharmaceutical
business – Company – Unequal number of shares - Property purchased In
Husband’s sole name- Funds from company used to purchase property -
Common intention - Whether property beneficially owned jointly in equal shares.
McKenzie, Reginald v Box, William
Negligence – Motor vehicle colliding with pedal cyclist - Issues of Fact – Whether Condition of road caused accident - Whether Defendant breached duty of care to Claimant.
First Union Financial Company Limited T/A Union One Express v Anderson, Aduardo
Contract - Services rendered - Oral agreement – Consideration not specified - Part performance - Whether damages should be awarded to the Defendant on a quantum meruit basis.
Williams, Doyen Arthur v First Global Bank Limited
Mortgage – Exercise of Power of Sale – Duty of mortgagee – Sale on Open Market – Valuation –Whether valuation current - Description of property –Whether error material – Whether fact that mortgagor prevented inspection material – Negligence – Whether claim to be struck out – No subdivision or building approval – Whether mortgagee to await grant.
Blue Waves Investment Limited v Jamaica Bauxite Mining Limited
Interim Payment – Claim based on estoppel – Defendant expressed preparedness to pay part of claim – Defendant has counterclaim exceeding that amount – No Defence to counterclaim filed – Whether interim payment to be ordered.
Murray, Rodolph v Coke, Kingsley and Holmes, Nadine et al
Land - Registration of Titles Act – Limitation of Actions Act – Whether first registration defeats a possessory title – Whether a subsequent transfer also defeats possessory title.
Naetyn Development Company Limited v Holbrooke, Kirk(1)
Application to Set Aside Judgment - No draft defence attached - Whether adjournment to be granted - Whether human or administrative error can be a good reason for failure to file acknowledgment or defence - Whether defence has real prospect of success - Whether certificate for two counsel to be granted.
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