Jackson, Andra v Davidson, Valentine

Case Number: 
2012HCV04738
Neutral Citation: 
[2023] JMSC Civ 160
Date of Delivery: 
27.10.2023

Civil Procedure – Whether claim can proceed where the enactment upon which the claim is premised is not stated – Whether Claimant’s statement of case is sufficient – Prejudice – Overriding Objective of the Court – Exclusion of Hearsay Document – Civil Procedure Rules 1.1; 8.7; 8.8; 8.9; 26.9 and 29.1 Family Law – Division of Property – Whether claim was made in time – Whether the Parties were in a common-law relationship – Whether the parties separated in 2007 or 2011 – Whether claim is to proceed under section 6 or 14 of PROSA – Nature and Tenure of Claim – Whether Claimant is entitled to 50% in the property – Monetary Contribution of Spouses – Indirect and Non-Monetary Contribution of Spouses – Lump Sum Payment – Credibility of the Parties – Documentary Evidence – Property (Rights of Spouses) Act sections 2; 6; 7; 11; 13 and 14

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