The Hon. Mr. Justice Frank Williams

Claim based on Contractual Licence – Haulage Contract – Commercial Agreements Governing Haulage Trade within the Shipping Industry – Interpretation of Documents - Claim for Damages.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CIVIL DIVISION
CLAIM NO. HCV 04076 OF 2014
BETWEEN ALEXANDER HOUSE INCORPORATED CLAIMANT
AND THE SALVATION ARMY DEFENDANT
Mr. Abraham Dabdoub & Ms. Karen Dabdoub, instructed by Dabdoub, Dabdoub & Co.
for the claimant.
Mr. Emile Leiba & Mr. Courtney Williams, instructed by DunnCox for the defendant.
Inter-partes Application for Interlocutory lnjunction - Alleged Breach of
Agreement - Whether Terms of Agreement Are As Alleged by Claimant or

Alleged Breach of Agreement for Sale of Stock – Whether Claimant or Defendant at Fault – Whether Completed Contract – Credibility - Measure of Damages – Sale of Goods Act.

Application to strike out defence - Whether particulars of claim shoud have been filed - Whether defence filed and served within time allowed by claimant's Attorneys-at-law - Whether defence filed in keeping with rules of court - The overriding objective - Civil Procedure Rules - Rules 1,3,12,8,10.5 & 26.

Negligence – Personal injuries - Question of fact – Causation - Claim for damages.

Assessment of Damages – Detinue – Valuation of Aircraft – Claim for Damages – Claim for Exemplary Damages – Discretion in the Award of Interest.

Claim for Division of Matrimonial Property – “Family Home” – The Property (Rights of Spouses) Act – Claim for Maintenance of Divorced Wife and Child of the Parties – Principles to be Considered – Maintenance Act.

Fatal Accident Claim – Negligence – Whether Mother Vicariously Liable for Alleged Negligence of Son – Claim under Fatal Accidents Act and Law Reform (Miscellaneous Provisions) Act – Reliability of Expert Evidence.

Application to Set Aside Moneylending Transaction- The Moneylending Act – Promissory Note – The Bills of Exchange Act – Whether Interest Rate Charged Harsh and Excessive – Whether “Loan Fee” Caught by Provisions of Moneylending Act – Whether Court to Reopen Entire Transaction.

lN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2006 HCV-01024

BETWEEN PETRONA CLARKE CLAIMANT

A N D RUDLEY CLARKE DEFENDANT

Heard: October 27,2006 & January 18,2007

Appearances

Miss Judith Clarlte instructed by Judith M. Clarlte and Co. for the claimant.

Miss Althea D. McBean instructed by Frater, Ennis & Gordon for the defendant.

Williams, J.

Backwound