The Hon. Mr. Justice Kirk Anderson

Campbell, Seaton v Rose Brown, Donna and Brown, Carlton AND Rose Brown, Donna v Brown, Carlton et al

Claim for declaration of title based on adverse possession – Ancillary claim filed by defendants against claimant and seeking recovery of possession of property and damages for trespass – Application for entry of summary judgment and for recovery of possession – Claimant in actual occupation of property – Defendants are registered title holders of said property – Defendants purchased said property without actual notice of claimant then having been in actual occupation of said property – Constructive notice of claimant’s occupation of said property – Whether defendants obtained registered ti

Smith, Michael and Southern Finance Industrial and Provident Society v JN Small Business

Application to strike out claim – Failure of 2nd claimant to attend mediation – Importance of setting out grounds of application in written applications for court orders – Failure to set out any or any sufficient particulars of claim in statement of case – Striking out of a party’s statement of case only to be used by court as a means of last resort.

Harriott-Simms, Denise v Simms, Lenroy

Application for declaration of entire interest in family home - Section 6 and 7 of PROSA - Statutoryequal share rule -  Variation of statutory equal share rule - Section 7 factors - Monetary contribution not a section 7 factor - Whether maintenance of children can be a section 7 factor - duration of marriage - Undefended claim - Burden of proof regarding displacement of presumption that parties are entitled to equal share of the family home -  Post - Separation financial contributions.

Gayle, Shakeria Asakie v Gayle, Rouel Honore

Maintenance of spouse – Application for interim maintenance order to be cancelled – Applicant unemployed and earning power limited – Exercise of discretion of court – Application for relief from sanctions

Clarke, Oscar v Attorney General of Jamaica

Claim for damages for negligence/employer’s liability – Attack on armed police officer at a police station by member of the public who was a visitor to the police station compound – Duty of care owed by occupier of police station compound to person working within that compound – Duty of care owed by government to persons working on and visiting that compound – Res Ipsa Loquitur – failure of defendant to do anything other than put claimant to proof of his case – Failure of defendant to lead any evidence or to challenge the claimant’s case in any significant way during cross – Examin

Campbell, Mary v Consolidated Caribbean Investments Limited

 Defendant’s application for summary judgment – Realistic prospect of success – Plea of Non Est Factum – Carelessness – No independent legal advice – Claimant allegedly semi-literate – Undue influence – Trust and confidence – Abuse of influence – Whether mortgage deed was of a fundamentally different character in terms of payment schedule and interest rate

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