2019

Neil, Vanetta v Halstead, Janice

Civil practice and procedure - Notice of application for court orders to strike out claim - Rule 26.3 (1) (b) of the Civil Procedure Rules - The Limitation of Actions Act 1881 (Jamaica) - English Limitation Act of 1623 21 James 1 Cap 16 - English Limitation Act 1980 - The Interpretation Act - Whether the claim is statute barred and an abuse of the process of the Court.

Hewitt, Trevor v Hewitt, Arlene

Division of [matrimonial property] - Family home – Whether property falls within the definition of the family home – Other property – Whether court can treat with claim as if made for division of property other than the family home – Relevant considerations. Property (Right of Spouses) Act sections 2,13 and 14.

Fearon, Clarence v Fearon, Lunett

Matrimonial Property – Claimant’s entitlement to an interest in properties other than family home – Claimant’s monetary and non-monetary contributions toward the acquisition, conservation or improvement of the said properties – Property (Rights of Spouses) Act, sections 13, 14 and 15

Taylor, Robert v Captain's Watersports Limited

Application for summary judgment - The Principles to be considered upon an application for summary judgment - Contractual agreement excluding liability for negligence - Whether the Consumer Protection Act applies - Section 37 of the Consumer Protection Act - Whether the claim was properly instituted - Application for security for costs - Consideration of the Court in respect of an application for security for costs.

Martinez-Martin, Albert v Murcott Parke, Racquel Anita

Petition for dissolution of marriage – Application for custody and maintenance of child - Application for maintenance of wife – Divorce not yet final – Matrimonial Causes Act - Children (Guardianship and Custody) Act – Maintenance Act

Boothe, Wayne and Boothe, Denise v Digicel (Jamaica Ltd.)

Claim for damages for breach of contractual agreement related to use and occupation of property and for defamation - Lease agreement - Breach of covenant of quiet enjoyment - Ancillary claim - Credibility of witnesses - Whether alleged defamaory words were said and whether those words are defamatory.

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