Contract - Pavement contract – Contract price discounted – Whether withdrawal of discount allowed by custom – Misrepresentation of the area paved – Whether project completed in a satisfactory manner – Award of interest – No claim made for interest - Law Reform (Miscellaneous Provisions) Act.

Negligence – claimant shot during operations by the security forces – claimant blind in both eyes – Assessment of damages – Loss of marriage prospects – Award of interest – Exercise of the court’s discretion under the Law Reform (Miscellaneous Provisions) Act.

Contract – Building contract – Contract to erect and install roof – Roof not erected according to the specifications and drawings – Whether work done in workmanlike manner – Roof not fit for the purpose required – Building unfit for human habitation - Measure of damages.

Landlord and tenant – Leases - Claim for rent and mesne profits – Underlease created in breach of Headlease – Whether Underlease valid and enforceable – Tenancy at sufferance – Use and occupation of demised property

Maintenance – spousal maintenance; application made before grant of decree nisi; whether final maintenance order can be made; lump sum and periodic payment orders; Matrimonial Causes Act SS.20 and 22; Maintenance Act SS.5 and 14(4).

Negligence – Collision at intersection controlled by traffic signals – Whether defendant liable – Assessment of cost of caregiver – National Minimum Wage used as a guide to estimate cost of care to accident victim – Minimum Wage Act S.3 – Interpretation Act S.21

NOTES OF ORAL JUDGMENT [2014] JMSC Civ. 164
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA IN THE CIVIL DIVISION CLAIM NO. 2013 HCV 06917

Provisional charging order – Whether Registrar has jurisdiction to grant – Judicature (Supreme Court) Act Section 11, 12, 13 and 28D Judicature (Supreme Court) Additional Powers of Registrar Act - Civil Procedure Rules 2002 Rule 48.

Assessment of damages – Breach of statutory duty – Breach of contractual duty – Negligence

Administration of estate – Probate – Interpretation of Will – Doctrine of lapse - Exhibition of inventory and accounts – Delay and the duty to account - Revocation of Probate – Chain of representation - Grant de bonis non – Wills Act – Trustee Act – Limitation of Actions Act 5.28