Bloomfield, Winston v West, Markis Sandra and Wilson, Thelma
Probate - Will - Validity - Forgery- Undue influence - Whether testator possessed testamentary capacity at the time of execution of Will - Whether signature on Will was that of the testator - Expert Evidence.
Cunningham, Christopher v Ewan, Debulin, Baker, Clayton and Ferguson, Rodville
Civil Practice and Procedure - Notice of Application for Interim Payment - Part 17 of the Civil Procedure Rules - Rules 17.5 and 17.6 of the Civil Procedure Rules - Principles to be considered by the Court.
James, Dalma (Trustee of the Bankruptcy estate of Brian Walks) v Walks, Brian and Walks, Sheryll Elaine
Insolvency - Whether trustee disqualified - Application for sale of property jointly owned by bankrupt - Whether bankrupt can challenge decision of trustee - Real Property - Application pursuant to Partitions Act for sale of jointly owned property - Principles to be applied.
Associated Gospel Assembles v Jamaica Co-operative Credit Union League Limited and Registrar of Titles
Application for ex parte injunctive relief - Whether hearing held ex parte or inter partes – Property dispute – Registered title – Circumstances in which injunctive relief granted on inter partes hearing may be discharged – Effect of sections 68, 70, 71 and 162 of Registration of Titles Act – Indefeasibility of Title.
Cable and Wireless Jamaica Limited v Abrahams, Eric Jason
Company Law – Section 206 of the Companies Act - Scheme of Arrangement- Duty of court - Whether the Scheme of Arrangement is fair –Whether meeting to consider scheme properly constituted – Whether class or interest of shareholders relevant - Pending application to bring derivative action - Whether court should sanction the Scheme of Arrangement- Whether application to approve scheme should be stayed until after application for permission to bring derivative action is heard-Whether attorney who filed affidavit should appear as counsel.
Rodriques, Sheneka v Employee Benefits Administrator Limited
Pension scheme interpretation of rules of pension scheme - Whether words
“with each child not receiving more than 25%” applies when there is only one child - Delay in payment - Whether trustee liable to pay compensation.
Chung, Gloria; Chung, Amanda and Chung, Mark v Chung, Michael and Mikol Investments Limited
Application for directions - Liberty to apply – Companies Act - Unfair prejudice claim- Costs order - Whether 2nd Defendant company to pay for expert forensic audit report and valuation – Whether Claimants to share costs - Whether costs to follow the event.
A1 Limited v Abrahams, Mary Grace
Application for stay of execution pending appeal – Application for removal of caveat - Application to strike out claim – Whether issue estoppel or res judicata – Judge reached age of retirement prior to delivery of judgment- Whether real prospect of success on appeal- Stare decisis - Whether Supreme Court bound by decision of court of appeal- Whether real risk of injustice if stay refused.
Patterson, Vernal Ernest v Nelson Patterson, Millicent Ann
Presumption that joint equitable ownership flows from joint legal ownership – Rebuttal of presumption a heavy burden but can be displaced by showing a different common intention – Common intention to be deduced objectively from parties words and conduct – The court should consider what is fair having regard to the whole course of dealing between the parties in instances where the intended shares are uncertain – Factors to consider in determining common intention include financial contribution and the purpose for which the property was acquired – Occupation rent – Central consideration is fo
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