2016

Bacchas, Errol v Westmoreland Parish Council, Beharie, Charles and Beharie, Opal

Civil Procedure - Application for Leave to Appeal an Order for Costs – application to Extend Time to appeal – Whether Judge has Power to Set Aside an Order made by another Judge of Equal Jurisdiction- Whether Appeal has a Real Prospect of Success - Whether costs at Case Management must always be costs in the claim,

City Properties Limited v New Era Finance Limited

Landlord and tenant - Agreement for a lease - Draft lease not executed as some terms were found objectionable by the tenant - Parties operating under the agreed terms of the draft lease - Claim by lessor for rent and outstanding maintenance - Whether maintenance properly charged to the tenant as additional rent - Whether tenant obliged to pay insurance and depreciation on the buildi

Chandler, Mary v Marzouca, Patrick

Procedure – Application for extension of time to file defence – delay – Application for entry of judgment – Procedural error –Civil Procedure Rules 2.4, 10.3 (9), 12.10 & 26.1 (2)(c).

National Commercial Bank Jamaica Limited v McPherson, Humphrey Lee

Loan- Application to strike out defence as showing no real prospect of success  Application for summary judgment – Whether fact that promissory note not signed a defence – Whether fact that bank wrongly debited trust account a defence – Loan admitted and repayment not alleged

Intestate's Estate and Property Charges Act and Harriott, Ogilvie et al

Intestates Estates & Property Charges Act - Application to be declared a Spouse - Deceased lived with Applicant during the week but stayed elsewhere on weekends - Whether fact of another intimate relationship prevents Applicant being declared spouse - Whether Applicant a housekeeper - Whether Applicant lived and cohabited with him as his wife.

Algix Jamaica Ltd. v J. Wray and Nephew Ltd.

Interlocutory Injunction  Nuisance – Ryland’s v Fletcher – Riparian Rights- Natural Resources Conservation (Wastewater & Sludge) Regulations 2013- Whether Defendants breach of Regulations entitle Claimant to Injunctive Relief – Whether damages an adequate remedy – Balance of convenience

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