Skip to main content

Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

Millard Development Company Limited v Mars, Roxann

Civil Procedure – Rule 15.2 – Application for summary judgment – Whether there is a real prospect of successfully bringing or defending the claim – Real property law – Unpaid purchase price – Whether vendor’s lien created – Whether vendor’s lien abandoned – Whether there was a variation of the agreement for sale – Limitation of Actions Act – Whether the claim for unpaid balance of purchase price is statute- barred – Company law – Whether settlement agreement signed by one director is binding on the company

Miller, George v Smith, Ralston and Sean Smith

Whether unstamped agreement for sale and unregistered vendor’s mortgage are enforceable in equity - Whether equitable mortgagee is entitled to possession of mortgaged Property on default by equitable mortgagors - Whether purchasers and equitable mortgagors of land entitled to an order of specific performance commanding the vendor and equitable mortgagee to register transfer of property to them - Exercise of inherent jurisdiction to make declaratory reliefs as to parties’ status in relation to the property in lieu of order for specific performance.

Evanko, Susan (Executrix of the Estate of Stephan Jurik) v Yetman, Dasa and Zusanna Brechova Soucek et al

Application for removal of Executrix - Duties of an Executrix - Fiduciary duties of Executrix Section 7 of the Trustees Attorneys and Executors (Accounts and General) Act - Section 2 of the Mental Health Act - whether Executrix liable for self-dealing - Whether Executrix mismanaged the affairs of the Estate - Failure to keep proper accounts - Whether beneficiary has capacity to sell his interest in the Estate - Undue influence

Graham, John v Graham, Kristina

Joint Bank account - Parent child relationship - Whether there is evidence of
intention of the parent to be entitled to the beneficial interest in assets in joint
account.
Equity - Whether the presumption of advancement applies to adult child on a parent
to child transfer to displace presumption of resulting trust - Standard of proof to
rebut presumption of advancement - Whether presumption of advancement
rebutted by evidence of contrary intention.

Morrison, Errol Washington v National Peoples Co-operative Bank of Jamaica Limited, Kenneth Tomlinson et al consolidated with Ramon Morrison et al

Interlocutory Injunction – Arbitration Clause-Mortgage by way of guarantee - Whether mortgagee bank should be restrained from exercising power of sale - Borrower not a mortgagor - Whether agreement to arbitrate - Whether borrower has arguable claim - Whether estoppel arises - Whether notice to mortgagor required - Whether Marbella principle is applicable.

Subscribe to 2023