Taylor, Robert v Captain's Watersports Limited
Application for summary judgment - The Principles to be considered upon an application for summary judgment - Contractual agreement excluding liability for negligence - Whether the Consumer Protection Act applies - Section 37 of the Consumer Protection Act - Whether the claim was properly instituted - Application for security for costs - Consideration of the Court in respect of an application for security for costs.
Boothe, Wayne and Boothe, Denise v Digicel (Jamaica Ltd.)
Claim for damages for breach of contractual agreement related to use and occupation of property and for defamation - Lease agreement - Breach of covenant of quiet enjoyment - Ancillary claim - Credibility of witnesses - Whether alleged defamaory words were said and whether those words are defamatory.
Johnson, Sephlene Anne v Johnson, Clarence George
Civil procedure - Notice of application of court orders - Whether judge of concurrent jurisdiction can vary an earlier court order made by that same court, if so, in what circumstances - Consent order - Whether claim is 'res judicata'.
Mais, John Reginald v Administrator General of Jamaica
Judicial review - Substantial change of circumstances case after leave to apply granted - Whether new application for leave to apply needs to be filed - Whether claimant's statement of case can be amended with the leave of the court, specifying new grounds for judicial review - Application for specific disclosure - Variation of earlier court order made by a judge of concurrent jurisdiction - Extension of time to apply for leave - Judicial review procedure.
Tyrell, Dwayne v Manning, Orayne Consolidated with Dunstan, Jerome and Manning, Orayne
Assessment of damages - The role of expert witnesses - The explanation of terms in expert reports.
Associated Gospel Assembles v Jamaica Co-operative Credit Union League Limited and Registrar of Titles
Application for ex parte injunctive relief - Whether hearing held ex parte or inter partes – Property dispute – Registered title – Circumstances in which injunctive relief granted on inter partes hearing may be discharged – Effect of sections 68, 70, 71 and 162 of Registration of Titles Act – Indefeasibility of Title.
Williams, Nadine v Francis, Rachel; Waysome, Leemon et al
Application for order requiring 1st defendant to provide information previously requested – Whether such an order should be made – Whether such an order is necessary in order to dispose fairly of the claim or to save costs - Application for order requiring the claimant to give security for costs – Interests of justice – Other pertinent considerations – Averments as to claimant ordinarily residing out of this jurisdiction – Averments as to claimant not being known to the 1st defendant’s attorney as having assets within this jurisdiction – Weight of some of the averments made – Whether applic
Cobourne, Glen v Coubourne, Marlene
Claim for marital property – Adverse possession – Owners of property own same as tenants-in-common – Whether claimant had possessed property in circumstances excluding the defendant from possession – Presumption of possession in favour of both title holders – Application for an extension of time under Property (Rights of Spouses) Act – Factors to be considered by court upon application for an extension of time to apply to court for division of property.
Nish, Derron v The Commissioner of Police
Judicial review – Reviewing the hearing process of an inferior tribunal – Duty to act fairly – What is fairness – Nature of duty to particularize grounds of claim – Certiorari – Legitimate expectation – Natural justice.
VIP Home for the Aged Limited v Pryce, Maxine
Judgment entered in default of acknowledgement of service – Application to set aside default judgment – Whether application to set aside default judgment was filed as soon as was reasonably practicable – Failure of defendant to challenge ex parte order for service out of the jurisdiction – Mere exhibiting of draft defence and reference to the contents thereof by an attorney, is inadequate – Disputed facts.
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