Babolal, Stephen and Khadian St. Patrick Babolal v Chevon St. Brian Newman (Administrator Ad Litem for the Estate of Urban Newman)
Real Property – Recovery of possession of land – Adverse possession – Whether deceased’s possession of land extinguished the title of the registered owner prior to the exercise of the mortgagee’s power of sale – Whether the purchaser from a mortgagee takes free of an unregistered possessory title – Purchaser in possession – Squatter – Whether agreement for sale in existence- Whether the deceased had the requisite animus possidendi where occupation commenced under incomplete agreement for sale – Acknowledgement of title –Burden of proof in a claim for recovery of possession where adverse pos
Rowe, Marcia (Administratrix of the Estate of Ryan Williams) v Attorney General of Jamaica
CIVIL PRACTICE & PROCEDURE – Application for leave to appeal – Whether the proposed appeal has a real chance of success – The effect of non-compliance under Rules 29.4 & 29.5 and the application of Rule 29.11
Lee, Kwok-Hing v Iming Cuisine Foods Limited, Dong Wang and Hing Sing Low
CIVIL PROCEDURE – Specific disclosure – Whether the documents sought are directly relevant to any issue in the proceedings – Whether a Norwich Pharmacal order should be granted - Civil Procedure Rules, 28.6 and 28.7.
The Trustees of Alkali Jamaica Limited Pension Fund (a trading name) v BPM Financial Limited
Arbitration - Whether the claimant’s case should be struck out or stayed pending arbitration - Whether the court has jurisdiction to hear the claim - Whether the dispute is arbitrable – Whether the claimant breached the arbitration agreement - Whether there was a repudiatory breach – Whether arbitration was waiver by election - The Arbitration Act 2017
Simms, Franklyn v Simms, Calvin and Others
Real Property Adverse Possession Severance of Joint Tenancy Sale of
Property
Wilmot, Nigel v The Attorney General of Jamaica and Others
Constitutional law — Charter of Fundamental Rights and Freedoms — Road Traffic
Act 2018 — Traffic Stops — Detention — Production of Driver and Vehicle
Documents — Freedom of Movement — Liberty — Privacy — Protection from
Search — Seizure and Continued Detention of Motor Vehicle — Protection of
Property — False Imprisonment — Detinue — Conversion — Damages
Kerr, Errol v The Jamaica Constabulary Force and Other
Negligence Force Recruit collapses during physical later dies - Duty of Care
Standard of Care Foreseeability Causation Burden and standard of proof
Fatal Accidents Act, Law Reform (Miscellaneous Provisions) Act
Fulton, Sally v Ramson, John and Others
Company Law – S.213A of the Companies Act – Shareholder Oppression Remedy – Valuation of shares – Whether to apply Minority Discount – Whether real property was a redundant asset – Beneficial Ownership of Shares – Vendor-Purchaser Constructive Trust
Re Gordon Arthur Cyril Stewart and the Companies Act and the Trusts Act
Civil Procedure - Application to strike out claim – Public Accountancy Act -
Appointment of foreign accountant - Trusts Act - Whether applicable to
executors - Whether the claim discloses reasonable grounds to bring the action
- The Civil Procedure Rules 26.3 (1) (c).
Whittaker, Garey v Kidd, Andrew and Others
Civil Procedure – Application to Strike Out Claim – Application for Interlocutory Injunction – Application to Extend Time To File Defence – Application for Default
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Judgment – Application for Immediate Taxation Of Costs – The Judicature (Supreme Court) Act s. 49(h) – The Companies Act s.10(1), Article 59 of Table A, Article 57 of Table A – Civil Procedure Rules (“CPR”) 2002 (as amended on the 3rd of August 2020) Rules 1, 1.1(2)(a), 9.3 (4),10.3, 10.3(9),17.1(1)(a),17.1(1)(b), 26.3(1)(b), 64.3, 64.5(1), 64.6, 65.8, 65.15 and 65.16.
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