The Hon. Mr. Justice Patrick Brooks

Tewani Limited v Kes Development Co. Ltd. and ARC Systems Limited

Practice and procedure - Application for injunction - Application to oblige access to land - Claimant holding an instrument of transfer for the title to the land - Presumption that damages never an adequate remedy when the subject matter of the claim is land - Preservation of the status quo.

DYC Fishing Limited v The Owners of MV Devin and MV Brice

 

Admiralty – Contract for harvesting conch – Advance said to have been given to outfit harvesting vessel – Contract said breached by harvester – Claim for damages for breach of contract - Claim brought in rem – Vessel arrested - Whether claim to be in rem or in personam – CPR rr. 70.2, 70.7

Shim, Earle Alexander v Shim, Sylvia Elmay and German, Elizabeth

Equity – Equitable estoppel – Husband (H) claiming equitable interest in Wife’s (W) family’s property - Whether misrepresentation as to ownership – H expending significant sums in construction on the property –H’s intention at the time of incurring expenditure – Whether H relying on representations by W and mother-in-law - Whether equitable interest created thereby – How equity to be satisfied?

Greenland, Camille v Greenland, Glenford and Greenland, Naomiand Greenland, Andre

Husband and Wife – Matrimonial home acquired during the marriage - Wife claiming interest in matrimonial home – Husband asserting that home bought for the benefit of his children – Home registered in the names of husband and children – Whether steps taken to improperly remove property from falling within the definition of “family home” - Whether home to be treated as the family home – The Property (Rights of Spouses) Act ss. 2, 6, 8, 20 and 22

Regina v Francis Young

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN MISCELLANEOUS
SUIT NO. M. 121 OF 2002
IN THE MATTER of An Application
For Bail (Ex Pade Francis Young)
Regina vs. FRANCIS YOUNG
Mr. Ernest Smith and Ms. Nesta-Claire Smith for the Applicant.
C Ms. Tanya Lobban, Crown Counsel, for the Respondent - . -
HEARD: 7th, and Il tOhcto ber, 2002
,
- .-
BROOKS J:
The Summons before the Court is headed "Summons for Bail" and in it the
Applicant, the accused man, Francis Young, asks "all parties concerned (to)

Ford,Jacqueline v Maurice Smith

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA 
IN COMMON LAW
SUIT NO. C.L. 2001/F062
BETWEEN JACQUELINE FORD PLAINTIFF
A N D MAURICE SMITH DEFENDANT
Assessment of Damages
Mr. Charles Campbell for Plaintiff
Defendant not appearing or represented
. . . Heard on: 17tb 0ctobar 2002
BROOKS, J.
The Plaintiff was injured on the 5& August 1996 when the motor
vehicle in which she was a passenger was involved in a collision. The
vehicle was owned and driven at the time by the Defendant. I

Ocean Chimo Limited v RBTT Bank Jamaica Limited and RBTT Bank Limited

Civil Procedure – Consent to file defence out of time – Time allowed expiring within the long vacation – Whether computation of time suspended by long vacation – CPR rr. 2.4, 3.5 and 10.3
Civil Procedure – Injunction – Bank seeking to appoint receiver pursuant to debenture/mortgage – Debtor seeking to sell company’s asset – Whether bank should be restrained by injunction

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