2011

Chin, Fitzroy v Jamalco Clarendon Alumminium Works Limited et al

Negligence – Construction of dyke as foundation for a railway line – Dyke having provision for a

river to pass under the line through culverts – Unusually heavy rainfall – Flooding of lands upstream

from the dyke – Whether culverts inadequate - Whether owner of dyke negligent

Chang, Diedre v Chang Leslie

Property (Rights of Spouses) Act – application made out of time – extension of time granted – leave to apply not granted – jurisdiction – effect of Brown v Brown – validity of the fixed date claim form filed before leave granted – effect of Allen v Mesquita.

Century National Bank LTD and Century National Merchant Bank Trust Co. LTD and Jamaican Redevelopment Foundation INC v Windsor Commercial Land Company LTD et al

Civil Procedure – Application to substitute claimant – Assets of original claimant

acquired by applicant – Applicant has since transferred the interest which it

acquired - Counterclaim existing against original claimant – Counterclaiming

defendant not interested in pursuing the counterclaim against original claimant or

applicant - Whether applicant ought to be substituted – Whether original claimant

Blake, Zephaniah and Blake, Inez v Hunt, Almando, Hunt, Hazel et al

Land – Boundary Fence – Fence not placed along the registered boundary – Dispute as to

the length of time that fence in place – Whether acquiescence as to location - Whether

sufficient time had elapsed for fence to be declared the boundary – Whether possessory

title secured as a result of incorrect placement – Limitation of Actions Act ss. 3 and 45

Carol Stewart v Lauriston Stewart

Division of Family Home -Property (Rights of Spouses) Act –

Time within which to Apply under the Act – Retrospective nature of Act

Limitation of Actions

Campbell, Clinton v McCallum, Joyce and Whitmore, Renae

Beneficial entitlement to property - visiting relationship - principles of constructive trust -

absence of expressed agreement - common intention of the partia - requirement of

detriment - quantification of the beneficial interesb

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