13 Norbrook Crescent
Land Law - Restrictive Covenant – Covenant preventing subdivision -
Application to modify – Whether objectors entitled to the benefit of the
Covenant – Whether words used in the originating document sufficient to
annex the benefit to the land – Whether land affected by the covenant -
Whether building scheme created – Unity of seisin
Land Law - Restrictive Covenant – Covenant preventing subdivision -
Jackson, Keith Ian v Ruby Ann Jackson
Husband and Wife - Ascertaining interest of the parties in former matrimonial
home - Intention at the time of acquisition -Wife not contrib~~tintog the cost of
acquisition - Whether a~reemenmt ade concerning the beneficial interest
International Asset Services Ltd v Edgar Watson
Civil Procedure - Application to strike out claim as being statute barred - Claim for
recoverv of credit card debt - Whether limitation period has run -Whether obvious
on the face of the claim - meaning of "writing obligatory" - whether anv reasonable
ground for bringing the action - Limitation of Actions Act, section 52 - Limitation
Forbes, Millicent, v The Director of Public Prosecutions
Civil Procedure - Judicial Review - Claim filed pursuant to leave to apply being
granted - Application to strike out claim -Whether application may be granted -
Whether leave to apply may be set aside -
Civil Procedure - Judicial Review - Exercise of discretion by Director of Public
Prosecutions - Whether clear that discretion properly exercised
Maragh, Gloria v Maragh, Eric
Maintenance of wife - Application for - Wife preveated from engaging in continuous employment during the marrigage - Whether a consideration for maintenance award - Whether previous receipt of a lump sum from a division of matrimonial property should affect award - Section 5(2) and 14(4) of the Maintenance Act 2005.
Clarke, William v The Bank Of Nova Scotia Jamaica limited etal
Civil Practice - Pre-Claim Applicatiion for discovery - Whether Court has the
jurisdiction to grant - Whether party required to disclose may claim privilege that
disclosure may incriminate them - Principles guiding court- CPR rr. 8.1, 11.12, 17.1,
17.2,2!5.1, 27.9,28.6
Zim Israel Navigation Company Limited v Kingston Terminal Operators Limited and SGS Supervise Jamaica Ltd.
Contract - Exclusionary clause - Whether implied by course of dealing - Whether limitation period incorporated into contract
Negligence - Causation - Good shipped abroad rejected by Food Inspection Agency - Whether rejection caused by method of packaging the shipping container.
Campbell, David v Anderson, Norma, Campbell Marlene et al
Land - Joint Tenancy - Severance registered on Certificate of Title - One co-owner
dying subsequently - Deceased alleged to have secured the severance by fraud -
Nature of evidence required to prove fraud - Whether deceased secured possessory
title against otber co-owner
Total Jamaica Limited v Chen, Charles and Super Plus Trucking and Equipment Limited Between Total Jamaica Limited v Tikal
Civil Procedure - Injunction - Application to restrain sale of products other than claimant's - Express prohibition in contract not to sell any products other than claimant's = Claimant not supplying product because of the defendant's unpaid debts - Effect of injunction on defendant - Balance of convenience - Whether favouring an interim injunction.
Toby, Dr. Leslie v Hinchcliffe, A. H. and Manpower and Maintenance Services Limited
Practice and procedure - Application for relief from sanctions - Claimant's statement of case struck out because of failure to obey orders made at case management conference - Application filed three years after act of striking out - Claimant's attorney-at-law blamed for delay - Attorney-at-law now dead - Whether application made promptly - Whether general compliance with other orders - CPR RULE 26.8
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