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
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.
Allen, Catherine v Ashman, Claudette and Others
Civil Procedure – Civil Procedure Rules - Pensions – Pension Funds – Civil Procedure Rules (“CPR”) 2002, R. 28.4 (1), 40, 40.3
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