Kennedy, Alexander and Brenda Kennedy et al v Benjamin, Nigel and Kingston and Saint Andrew Municipal Corporation et al
Civil Practice and Procedure – Application for Injunction – Whether there is a Serious Issue to be Tried – Whether or Not the Claimant Has Established a Case with a Real Prospect of Success in Nuisance Against the 1st and 4th Defendants.
Civil Practice and Procedure – Application for Injunction – Whether Damages is an Adequate Remedy for the Claimant – Whether the Balance of Convenience Lies with the 1st and 4th Defendants or the Claimants in their Competing Interests to Enjoy the User of their Respective Properties.
Guyah, Omar v The Commissioner of Customs and the Attorney General of Jamaica
Judicial Review – Was the vehicle uncustomed goods – Locus Standi – Can the court make orders about the Claimant’s equitable rights in the absence of the legal owner – Was the vehicle unlawfully seized by the agents of the Jamaica Customs department – Abuse of Process – The Customs Act, s. 2, 19, 91, 210, 219 and 259
Costs – No Orders as to Costs – Civil Procedure Rules, 2002, Part 64
Northgate Enterprises Limited v Aris, Veronica and Valnie Gordon
Interpretation of a Contract - Lease between initial tenants later assigned to Claimant – after death of landlord Claimant sought to exercise option to purchase – land occupied by the Claimant is larger than what is described in the lease – Construction of the term of the lease – Error in Contract – Whether business efficacy is a suitable method in interpreting contracts where an existing interpretation leads of an absurdity – Whether the Court should rectify the contract to reflect the true intentions of the parties – Specific performance – Damages
Vinayaka Management Limited v Genesis Distribution Network Limited, Nohaud Azan and Ashnik Land Holding Limited
Application for security for costs against company – Section 388 of the Companies Act 2004
Nigel Jones & Ciompany (A firm) andf Nigel W. Jones v Green, Mekelia Camille
Contempt Proceedings - Breach of Injunction- Motion for Committal - Part 53 Civil Procedure- Civil Contempt - Standard of Proof - Purpose of injunction
Rattray, Bruce v The Port Authority of Jamaica
Application for leave to apply for Judicial Review - Application for extension of time to apply for leave for Judicial Review - Failure to pursue alternative remedy - Legitimate Expectation - Section 18 of the Pilotage Act - Expediency.
Ellis, Claudette v Banbury, Constable and the Attorney General of Jamaica
Tort – Wrongful interference with goods – Detinue – Conversion – Whether there was a wrongful taking, detaining and disposal of the claimant’s property
Jackson, Keisha Rose (Administratrix ad Litem in the Estate of Gloria Rose) and Sharon McFarlane (Administratrix ad Litem in the Estate of Gloria Rose) v Davidson, Noel
Civil Procedure - CPR 13.2, 13.3 - Whether default judgment should be set aside because particulars amended after the default judgment was entered - Whether default judgment should be set aside because amended particulars were not served personally on the Defendant - CPR 39.6 - Whether judgment on assessment should be set aside as notice of assessment not served on Defendant - Notice of assessment served by registered post - Service by registered post.
Francis, Pamella Adina v Hamilton, Pauline Janet
Civil Procedure - Claimant’s Application to Vary Order - Rule 26.1(7) - Slip Rule - Rule 42.10 - Extension of the Validity of the Claim Form - Claimant requesting 4th and 5th Extensions on the Validity of the Claim Form - Rule 8.15 - Specified Method of Service - Rule 5.14
Warren, Phyllis (Administratrix of the Estate of Cecil Warren, deceased) and in her own tright v The Administrator General for Jamaica
Limitation of Actions – Adverse possession – Land – Registered land – Tenancy-in-common – Co-owners hold interest in land as tenants-in-common – Extinction of title of registered co-owner – Whether the now deceased co-owner was dispossessed of his interest in the land prior to his death – Whether the estate of the now deceased co-owner was dispossessed of his interest in the land subsequent to his death – Whether the interest of the now deceased co-owner passed to his estate upon his death – Whether the claimant has proven that she has been in open and undisturbed possession of the land for
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