Maras, Elena v Administrator General of Jamaica (Administrator of the Estate of Rudyard Muir, deceased) Between Administrator General of Jamaica v Elena Maras
Land Law – Instrument of transfer executed but not registered - Whether the transfer effectively transferred a gift in land to the transferee. - Recovery of possession of land - Adverse Possession - Whether at the time of an Application to the Registrar of Titles for transfer of title based on possession, the elements to satisfy adverse possession were present.
Thomas, Creslyn v Casserly, Carlos
Division of Matrimonial Property – Whether the property - A business - Is jointly owned by both Spouses or by the one Spouse and Third Parties - Whether the Claimant Spouse made any financial contribution to the development of the business - Whether the Claimant spouse made any non-financial contribution to the development of the business. Occupation Rent - Whether the Claimant spouse is entitled to occupation rent.
Harrow, Enid v Wint Thorpe, Arlene
Application to strike out - Action on the Case - The tort of negligence from a motor vehicle accident - Limitation of action - Computation of time - Whether the day of the accident is excluded from the reckoning of time.
Montique, Charles v Smith, Constable Audrey, Attorney General and Detective Constable Tashana Hinds
False Imprisonment – Malicious Prosecution – Whether there was Reasonable and Probable Cause Damages – Aggravated Damages – Exemplary Damages - Vindicatory
Fagan, Fredrick v Perry, Kenneth
Land Law – Fraud – Defeasibility of title – Breach of contract of Sale for Land – Whether a contract was duly formed between the parties – Whether the Defendant/Purchaser completed payment of the purchase price – Whether the Defendant was a purchaser in possession or a Tenant – Whether the Registered Title was transferred to the Defendant by fraud – Whether a contract is still enforceable where there is fraudulent performance.
Maise, Oral v Jamaica Beverages Limited
Negligence - Occupier’s Liability Act - Breach of Duty of Care - The Claimant
alleges that he fell from the steps of the Employer’s Truck which were wet due
to heavy rains - Whether the employer failed to provide a safe system of work.
Palmer, Adidja; Shawn Campbell and Andre St. John v Superintendent of Tower Street Correctional Centre, Attorney General and the Director of Public Prosecution
Writ of Habeas Corpus ad subjiciendum. The Conviction of the Applicants on charges for murder, have been quashed but the issue as to whether they should be retried is still pending - Where a conviction has been quashed, and no verdict of acquittal yet entered, whether this results in the removal of the charge against the Applicants – Whether any further detention after the quashing of the conviction.
Buddington, Romarne v Jamaica Urban Transit Company Ltd. v Winston Allison
Negligence - Motor vehicle accident - Breach of duty of care - Assessment of damages
Wint Harrow, Enid v Thorpe, Arlene
Application to strike out - Action on the case - The tort of negligence from a motor vehicle accident - Limitation of action - Computation of time - Whether the day of the accident is excluded from the reckoning of time.
Hemans, Barrington v Tennant, Dean
Land Law - Breach of Contract - Specific performance and damages - Oral Agreement - Claimant alleges that the oral contract was later reduced to writing for the purpose of transfer of title - Whether the unavailability of the written contract is fatal to the claim - Whether there are sufficient acts of part performance - Whether these acts are referable to an oral agreement for the sale of land or to a tenancy.
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