IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. 2004 HCV1061

BETWEEN ANGELETA BItOWN CLAIMANT

AND PETROLEUM COMPANY FIRST DEFENDANT

OF JAMAICA 1,IMITED

C' /'

AND JUICI BEEF LIMITED SECOND DEFENDANT

Mr. Richard Reitzin instructed by Reitzen & Hernandez for the claimant.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. C.L. 2000W159A

BETWEEN ALBERT WHITE CLAIMANT

AND OFFICE OF DISASTER PREPAREDNESS

AND EMERGENCY MANAGEMENT lSTD EFENDANT

AND TRESCELIAN WILLIAMS 2ND DEFENDANT

%;

AND ATTORNEY- GENERAL OF JAMAICA 3RD DEFENDANT

Mrs. Antoinette Haughton Cardenas instructed by Haughton and Associates

for the claimant.

Matrinzorzial Property - Husband and wife- Entitlement to the farnily home - The equal

share rule -Extended family- Family home for benefit of thirdparty dependants of one

spouse - Third party contribution to family home on behalf of one spouse - Whether

proper application made for variatior!: of the equal share rule - Whether application of

equal share rule unreasonable or unjust - Burden ofproof - Departure front equality -

Contract for sale of land -- delay by purchaser -- vendor serving notice to complete --

notice making time of the essence -- validity of notice to complete --whether service of

notice to complete on purchaser's attorney-at-law valid--effect of notice -- purchaser

failing to complete within time -- Rescission by vendor -- whether rescission valid --

whether purchaser entitled to specijic performance --; whether vendor entitled to

Sentencing - Murder - Applicant a juvenile at time of commission of offence - Detention at the courts's pleasure - Application for review of sentence - Application for release - Whether applicant should be released - Factore to be taken into account - The Civil Procedure Rules (2002) (CPR) Part 75 - The Juveniles Act S. 29(1) repealed - The Parole Aact S. 7(7).

Contract - arbitration clause in contract - claim for breach of Interconnection

Agreement - application for stay of proceedirzgs and for. submission to arbitration -

principles governing application for stay - wlzetlz er conditions satisfied .for grant of

stay' - modern approach of tlze court to alternate dispute rcsolution - effect of CPR on

proceedings - Arbitration Act, ss. 5&20.

Property Dispute -parti+ unmarried - claim for half-interest on basis of the "equal share rule "-

whether a common law r'elationship existed between the parties- whether claimant a "spouse" for

the purposes of the rule +factors to be considered - whether property is the 'tfamily home "- The

Property (Rights of Spouges) Act, ss 2(1), 6(1) & 13

Land Dispute- registered land- application to bring land under the Registration of Titles

Act- allegation of fraud- meaning offiaud under the Registration of Titles Act -whether

title obtained by fraud- standard of proof required -whether title to be cancelled on

grounds of fraud- The Registration of Titles Act, ss. 42,68,70,161 (d), 153 &I58

Request for adjournment- considerations for grant of an adjournment- no good reason

shown - Civil Procedure Rules (CPR), r.39.7

Application for interim injunction - Restraining mortgagee from exercising power of sale - Challenge to legality of assignment of mortgage debt - Whether agreement vitiated by duress - Whether third party rights likely to be affected by exercise of power of sale - Factors tobe considered - Injunction refused.

Matrimonial Property - Claim for 50% share in dwelling-house - Parties separated - Claim brought more than twelve months after date of separation - Whether the Property (Rights of Spouses) Act applicable – Which section of the Act applicable or not or whether the rules of common law and equity apply - House built by spouses on family land - Whether
house is not family home because it is built on family land - Whether application of equal share rule ousted by absence of legal title in land on which house is built - the Property (Rights of Spouses) Act, ss 2, 4, 6, 11,