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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.

Fagan, Fredrick v Perry, Kenneth

Land Law – Fraud – Defeasibility of title – Breach of contract of Sale for Land – Whether a contract was duly formed between the parties – Whether the Defendant/Purchaser completed payment of the purchase price – Whether the Defendant was a purchaser in possession or a Tenant – Whether the Registered Title was transferred to the Defendant by fraud – Whether a contract is still enforceable where there is fraudulent performance.

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

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.

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