Latest Updates:

2019

Cable and Wireless Jamaica Limited v Abrahams, Eric Jason

Company Law – Section 206 of the Companies Act - Scheme of Arrangement- Duty of court - Whether the Scheme of Arrangement is fair –Whether meeting to consider scheme properly constituted – Whether class or interest of shareholders relevant - Pending application to bring derivative action - Whether court should sanction the Scheme of Arrangement- Whether application to approve scheme should be stayed until after application for permission to bring derivative action is heard-Whether attorney who filed affidavit should appear as counsel.

A1 Limited v Abrahams, Mary Grace

Application for stay of execution pending appeal – Application for removal of caveat - Application to strike out claim – Whether issue estoppel or res judicata – Judge reached age of retirement prior to delivery of judgment- Whether real prospect of success on appeal- Stare decisis - Whether Supreme Court bound by decision of court of appeal- Whether real risk of injustice if stay refused.

 

Patterson, Vernal Ernest v Nelson Patterson, Millicent Ann

Presumption that joint equitable ownership flows from joint legal ownership – Rebuttal of presumption a heavy burden but can be displaced by showing a different common intention – Common intention to be deduced objectively from parties words and conduct – The court should consider what is fair having regard to the whole course of dealing between the parties in instances where the intended shares are uncertain – Factors to consider in determining common intention include financial contribution and the purpose for which the property was acquired – Occupation rent – Central consideration is fo

Harley, Doreen v Harley, Norman and Jamaica Redevelopment Foundation Inc.

Civil Procedure - Joinder of party – Whether mortgagee should be joined on an application to restrain the registrar of lands from registering an order foreclosure.

Statutory Interpretation – Whether there is a requirement under section 119 of the Registration of Titles Act for a caveator claiming a beneficial interest to be served with a notice of intention to make an application for foreclosure – Whether there is a requirement for such a notice if the caveat is based on a beneficial interest awarded by the court.

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