CIVIL PROCEDURE - Agency - Adverse Possession - Fraud - Whether Joyce Bunting was the claimants’ agent, and therefore, had the authority to act and deal with the disputed land for and on behalf of the claimants - Whether, by operation of the Limitation of Actions Act (LAA), the claimants’ alleged adverse possession of the disputed lands, extinguished the registered title obtained by the 1st defendant - Whether the 1st defendant committed fraud when obtaining a certificate of title for the lands registered at volume 1471 folio 698 of the Register Book of Titles, which comprise the disputed l

CIVIL PROCEDURE - Whether, by operation of the Limitations of Actions Act (LAA), the claimant’s alleged adverse possession of a portion of the disputed land, extinguished the registered title of the said property, held by the estate of the deceased proprietor - Whether an implied licence can defeat an adverse possession claim - Whether the 1st defendant could have given an implied licence to the claimant to occupy the disputed property - Whether the court should order that the Registrar of Titles cancel the existing certificate of title registered at volume 1158 folio 668 of the Register Bo

[2025] JMSC Civ. 92
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CIVIL DIVISION
CLAIM NO. SU2020CV03275
BETWEEN
VELROSE COUSINS
CLAIMANT
AND
CHESTER PASSLEY
1st DEFENDANT
AND
AND
CAMECA PASSLEY
CHESTER PASSLEY
(In his capacity as Executor of
the Estate of JOHN PASSLEY)
2nd DEFENDANT
3rd DEFENDANT
IN CHAMBERS
Nicholas Chambers, Attorney-at-Law, instructed by Legal Chambers and Shakeira Dunkley, Attorney-at-Law, of counsel, for the Claimant

[2025] JMSC Civ. 125 IN THE SUPREME COURT OF JUDICATURE OF JAMAICA CIVIL DIVISION CLAIM NO.

CIVIL PROCEDURE: Claimant’s failure to file and serve witness statement and list of documents within the relevant time - Rules 29.11 and 28.14 of the Civil Procedure Rules (CPR) - Application for relief from sanctions - Whether the relevant witness statement and list of documents were filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the failure was unintentional - Whether there was a g

CIVIL PROCEDURE - Application by the claimant for summary judgment against the defendant and/or to strike out the defendant’s defence - Whether summary judgment should be granted in favour of the claimant against the defendant in light of the orders sought in the claimant’s claim form and particulars of claim, which were filed on September 1, 2022 - Whether the defendant’s defence, which was filed on October 27, 2022, should be struck out - Application by the defendant to strike out the claimant’s statement of case or, alternatively, for summary judgment in favour of the defendant - Wh

CIVIL PROCEDURE: Claimant’s failure to file and serve witness statement and list of documents within the relevant time - Rules 29.11 and 28.14 of the Civil Procedure Rules (CPR) - Application for relief from sanctions - Whether the relevant witness statement and list of documents were filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the failure was unintentional - Wh

CIVIL PROCEDURE: 2nd Ancillary Defendant’s failure to file and serve witness statement within the relevant time - Rule 29.11 of the Civil Procedure - Application for relief from sanctions under Rule 26.8 of the CPR - Whether the relevant witness statement was filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the affidavit in support of the application for relief is admissible - Whether

CIVIL PROCEDURE: Applications by the claimant and 2nd defendant for relief from sanctions, arising from the respective parties having failed to file and serve witness statements within the time ordered by the court - Whether the 2nd defendant’s application for relief, filed, is supported by evidence on affidavit - Whether the 2nd defendant’s application for relief was filed promptly - Whether the party in default, the 2nd defendant, generally complied with all other relevant rules, Practice Directions, orders and directions - Whether the failure to comply was unintentional - Wheth