Stewart, Adam and Jaime Stewart McConnell et al v Veira, Hugh Martin, Elizabeth Desnoes, Trevor Patterson and Cheryl Hammersmith Stewart
Probate - Claim by executors to be released - Application by beneficiaries to be added as parties to the claim - Civil Procedure Rules, parts 19.2 (3), 19.3 and 67 - The Trustees, Attorneys and Executors (Accounts and General) Act, S. 9.
Buchanan, Paul v The Constitution Authority
JUDICIAL REVIEW − APPLICATION FOR LEAVE FOR JUDICIAL REVIEW OF
DECISION OF CONSTITUTED AUTHORITY FOR ITS REFUSAL TO APPLY TO THE
ELECTION COURT TO VOID THE ELECTION RESULTS IN THE CONSTITUENCY OF
THE PRIME MINISTER
ELECTION PETITION ACT, SECTIONS 3, 4, 8, 37, 38
REPRESENTATION OF THE PEOPLE ACT, SECTIONS 34(4), 44(10), 44(10A), 77(1),
78(1), 78(1A), 81A, 92, 93, 99 52
Kennedy, Josey-Ann v Operadora Palace Resorts (Ja) Ltd T/A Moon Palace Jamaica Grand
Civil Procedure – Application to enter default judgment; application for court to decline to exercise jurisdiction to hear claim – claim documents sent by registered mail uncollected – Claimant becoming aware that documents were uncollected after request for default judgment but before entry of default judgment – Whether default judgment should be entered – Wasted costs – whether the claimant’s attorney-at-law should pay wasted costs.
Sunday Red LLC (Formerly Taylormade Lifestyle Ventures LLC) v The Registrar of Industrial Property and Puma Se
Trade Mark - Appellant’s response to objection filed out of time – Application to extend time – Trade mark application “deemed” abandoned – Whether decision of Registrar correct- Whether jurisdiction to extend time- Whether distinction between “deemed” and “treated as” within the Act - The Trade Marks Act.
Johnson, Audrey v Massey, Owen and Jermaine Butler
Tort – Negligence – Personal Injury – Motor Vehicle Collision
Tort – Negligence – Breach of Duty of Care – Whether Claimant has proven that the 2nd Defendant Driver Caused Any Part of the Truck to Hit the Claimant.
Civil Practice and Procedure – Pleadings – Particulars of Claim – Rule 8.9A – Whether or not the Claimant’s Amended Particulars of Claim are Supported by the Evidence at Trial.
Rose-Brown, Jennifer v Brown, Lennie Lynval
Family Law- Division of Matrimonial Property- Property Rights of Spouses Act – Whether it would be unjust to give each party a 50% share in the property.
Ton Rick Enterprises Limited v CSSI Seafood Processing Limited And Clarendon Seafood Limited and Ton Rick Enterprises Limited
Contract – Bailment – Goods requiring special care - Duty of bailee - Whether duty delegable to third party - Whether bailee took reasonable care when loading container – Whether bailee took reasonable care to ensure container maintained or was capable of maintaining required temperature - Container owned by a third party - Whether container defective - Whether bailee liable - Whether sums due and owing to Ancillary Claimant.
Level Bottom Farms Limited v Digicel (Jamaica) Limited, Digicel (Jamaica) Limited and Level Bottom Farms Limited
Civil Procedure - Summary judgment - Whether defence has no real prospect of success - Landlord and tenant - Whether tenant can dispute the title of the landlord - Whether the tenant was subject to an adverse claim by title paramount
Jolanes Investments Limited v Sagicor Life Jamaica Limited (Formerly Life of Jamaica Limited)
Contract – Whether letters between agent and third party constituted a binding contract – Whether there was acceptance of an offer - Whether essential terms agreed - Ostensible authority
Cunningham, Len by and through their agent Joyce Bunting et al v Hall, Victor and Sonia Hall
CIVIL PROCEDURE - Agency - Adverse Possession - Fraud - Whether Joyce Bunting was the claimants’ agent, and therefore, had the authority to act and deal with the disputed land for and on behalf of the claimants - Whether, by operation of the Limitation of Actions Act (LAA), the claimants’ alleged adverse possession of the disputed lands, extinguished the registered title obtained by the 1st defendant - Whether the 1st defendant committed fraud when obtaining a certificate of title for the lands registered at volume 1471 folio 698 of the Register Book of Titles, which comprise the disputed l
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