LIVE STREAM: Annual Assize Service 2024


Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

The Hon. Mr. Justice Roy Anderson

Johnson, Bryan v Low-Ban Engineering Ltd

Agreement for Sale of property; Claimant Purchaser fails to provide

mortgage funds to meet completion date; Defendant vendor

demanding interest for the period of delay between time due and time

of payment, pursuant to terms of Agreement; Claimant alleging that

property was not in any event complete as there were defects; whether

the existence of defects, short of making the property "uninhabitable"

Flickenger, Elita v David Preble & Xtabi Resort Ltd

Claim in negligence or breach of duty under Occupiers'

Liability; Claimant's husband drowned while snorkeling

off Negril Coast while guest at Xtabi Resort; whether

proper defendants sued; whether deceased was warned of

dangers; whether breach of duty on the part of

defendants or either of them; Whether deceased

accepted risk of swimming in rough seas; whether Act of

God; whether witness credible in light of previous

inconsistent statement; causation/foreseeability in Tort

Law.

Elliot, Janice v Euro Star Motors Ltd

Whether breach of contract; whether Claimant was wrongfully

dismissed; extent of damages in wrongful dismissal; whether

Claimant entitled to incentive bonus on a proper construction of the

contract of employment; no evidence of satisfaction of conditions

precedent to entitlement; Defendant deciding not to call witnesses;

effect thereof on burden of proof; Claimant putting in witness

statement of Defendant's witness as hearsay under CPR 29.8(3);

whether this would be the evidence of the party putting such in;

RBTT Bank Jamaica Limited v Lakeland Farms Limited

Inter partes hearing of application for freezing order - Need for evidence of a 'real risk of dissipation' - What amounts to such evidence - Whether refraining from doing something which the defendant is not obliged to do can amount to provision of such evidence.

Plummer, Judith v Plummer, Andrew

Application for declaration of interest under Property (Rights of Spouses) Act, 2004 - Whether property is 'family home' for the purposes of the Act - Principles of resulting and/or constructive trusts applicable in claims for beneficial interest in property - Effect of Stack v Dowden - Burdern of proof on person advancing interests other than that shown on title - Application of Property (Rights of Spouses) Act to property other than the family home - Extent of courts descretion in making 'division of property under section 14 - Circumstances informing a just and reasonable division of pro

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Strategic Plan for the Jamaican Judiciary 2024-2028