After the expiration date has passed on a notice to quit and deliver up possession of a premises, if the tenant continues in possession the Plaintiff may take the expired notice to quit and pursue an action in the civil court for Recovery of possession.
A Plaintiff can appoint an agent by way of Power of Attorney to pursue an action in the Court against a Tenant for Recovery of Possession or Arrears of Rent if he or she is unable to pursue such an action personally.
As a landlord, if you have served your tenant with a notice to quit and deliver up peaceful possession of any dwelling home or business, if that tenant continues in possession then you can attend at the Court's Office and initiate a claim for Recovery of Possession. You need to ensure that you have the expired notice to substantiate your claim.
Pursuant to Section 12 of the Maintenance Orders (Facilities for Enforcement), Where before or after the 1st day of July, 1988-
(a) a court in Jamaica has made a maintenance order against a person; and
(b) it is proved to the court that such person is resident in a reciprocating state,
the court shall, upon the request of the payee, send a certified copy of the order to the Minister for transmission through the appropriate authority to the appropriate court in that state for registration and enforcement.
Pursuant to Section 12 of the Maintenance Act, an application for maintenance of a dependent may be made to the Court by the dependent or, in the case of a dependent referred to in section 8(1) (a) or (b) of the said Act which is the parent's unmarried child who is a minor or in need of such maintenance, by reason of physical or mental infirmity or disability.
This application may also be pursued by a parent of the dependent or any other person who has the care and custody of the dependent.
Access to information is an individual's right to obtain and use information collected or generated by others. It is also important to note that the Access to Information Act does not apply to Court files unless it is a matter of an administrative nature. Please see section 5(7) of the Access to Information Act.
Children Court matters are dealt with 'in camera' or privately pursuant to Section 43
1. Where, in any proceedings in relation to an offence against, or any conduct contrary to, decency or morality, it appears to the court that a person who is called as a witness is a child, the court may direct that all or any persons, not being members or officers of the court, parties to the case, their attorneys-at-law, or persons otherwise directly concerned in the case, be excluded from the court during the taking of the evidence of that witness.
Most court matters are open to the public, these matters include traffic violations, civil cases and some criminal cases. However, there are 'in camera' matters which are of a sensitive nature and not everyone is allowed to sit and listen to these. These matters are usually of a sexual nature or gun offences.
If a person is a party to an action that is before the Court and is desirous of obtaining copies of documents on the file then such a person can make a request in writing and submit it to the court's office. The person making such a request will be required to pay for said copies.