2011

F v B

Custody - Care and control of 5 year old girl - Welfare of the child - Paramountcy principle - Relocation application - Practice and procedure - Application to strike out portions of affidavits made at trial - Undesirability of such procedure at trial - Maintenance - Responsibility of both parents

 

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

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

Real Estate Board v McHugh, Zoe, KES Development Company Limited (In Liquidation) and Capital and Credit Merchant Bank Limited et al

Real Estate (Dealers and Developers) Act - Repayment contracts - Priority between board’s charge and bank’s mortgage-prepayment contracts void or voidable - Whether board’s charge void against bank and other creditors - Want of registration under Companies Act - Developer in liquidation - Whether bank’s mortgage pari passu when loan for multiple purposes – Accounting.

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