2010

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

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

CLAIM NO. 2008 HCV00183

BETWEEN MARLENE SEALY CLAIMANT

AND HARLEY WILLIAMS 1 st DEFENDANT

AND THE ATTORNEY GENERAL 2nd DEFENDANT

OF JAMAICA

Ms. Cavelle Johnston instructed by Williams, McKoy and Palmer for the Claimant.

Ms. Gail Mitchell for the lSt and 2"d Defendants instructed by the Director of State Proceedings.

Land Dispute- registered land- application to bring land under the Registration of Titles

Act- allegation of fraud- meaning offiaud under the Registration of Titles Act -whether

title obtained by fraud- standard of proof required -whether title to be cancelled on

grounds of fraud- The Registration of Titles Act, ss. 42,68,70,161 (d), 153 &I58

Request for adjournment- considerations for grant of an adjournment- no good reason

shown - Civil Procedure Rules (CPR), r.39.7

Application for Declaratory Relief; Whether jurisdiction lies;

Whether discretion should be exercised to grant declaration;

Principles applicable to decision to grant declaration; CPR Rule

8.6. Doctrine of Executive Necessity - whether applicable.

Husband and Wife - Ascertaining interest of the parties in former matrimonial

home - Intention at the time of acquisition -Wife not contrib~~tintog the cost of

acquisition - Whether a~reemenmt ade concerning the beneficial interest