KAG Stockpile & Hardward Supplies Limited v National Commercial Bank Jamaica Limited
Application for Interlocutory Injunction Defendant (Bank) froze Claimant (Customer Business) Account Breach of Contract Serious issue to be tried – Adequacy of Damages – Balance of Convenience – Constitution – Right to be heard.
Honeywell, Earle v Donald Stephenson and BCIC Insurance Company Limited
Application for rectification of contract - Alleged mistake when drafting third party release agreement - Whether the third party release agreement as executed between the claimant and 2nd defendant evinced the true and common intention of the parties - Whether common or unilateral mistake was made in the drafting and preparation of the agreement - Whether the court can exercise its equitable jurisdiction to rectify the instrument of agreement to reflect the true and common intention of the parties - Whether the agreement should be set aside - Whether the agreement as executed by the partie
Hylton, Jhennieve v Thompson's Haulage Contractors and Servicees Limited, Flow Jamaica Limtied, Cable & Wireless Jamaica Limited and Columbus Communications Jamaica Limited trading as Flow
Civil Procedure - Civil Procedure Rules 19 - Addition and Substitution of Parties-Application to amend - Whether the claim is a nullity
Williams, Christopher v Miller, Charmaine
Family Law – Application for Custody of Child – Application for Variation of Custody Order – Whether there has been a Material Change of Circumstances to Justify Variation of Custody Order Already Made. Family Law – Application for Custody of Child – Whether Variation of Custody Order is in the Best Interest of the Child.
Watson, Timothy v Junior, Rory (Personal Representative Ad Litem for the estate of Rory Daley), Devon Green and Vaden Gordon
Civil Procedure – Application to Set Aside Default Judgment – Whether or not the 3 rd Defendant was Properly Served – Whether or Not Deemed Service pursuant to an Order for Service by a Specified Method under Rule 5.14 was Rebutted – Whether Proven that Advertisements in Newspaper Came to 3rd Defendant’s Attention.
Re: Lot 417A Barbican Heights
Application to modify restrictive covenants under section 3(1) of the Restrictive Covenants (Discharge and Modification) Act – What is the neighbourhood – Whether the character of the neighbourhood has changed - whether restrictions are obsolete - Whether the reasonable user of land impeded – Whether the proposed modification will not injure the persons entitled to the benefit of the restrictions
Thompson, Robert (Executor of the estate of Elethia Thompson) v Thompson, John (Executor of the estate of Elethia Thompson)
Claimant filing suit in a representative capacity as executor of his mother’s estate - Death of the claimant prior to trial - Devolution of office of executor on death where there is a surviving co-executor - Inapplicability of the chain of representation - Suitability of applying for administrator ad litem by executor of deceased claimant -Applicability of CPR 19.3, 19.2(5) and 21.8
Jolanes Investments Limited v Sagicor Life Jamaica Ltd (Formerly Life of Jamaica Limited)
Adequacy of claimant’s pleadings – Application to amend statement of case – Defendant requesting that claimant’s statement of case be struck out - Registered mortgage and the effect of foreclosure on the equity of redemption - Sections 119 and 120 of the Registration of Titles Act
Whitely, Debbie-Ann v Martin, Rohan and Marlon Prendergast
Setting aside order for alternative method of service of claim form and particulars of claim on insurer - Extending time to make the application - Whether the insurer’s efforts to contact its insured were reasonable.
Shaw, Dansworth v Port Authority of Jamaica
Whether there was service of a notice of application for court orders – The effect of filing an amended notice of application for court orders – Whether an amended notice of application for court orders supersede an earlier notice of application - Whether the earlier notice of application should be struck out for lack of compliance with a court order directing service by a specified date
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