NOTICE

 

The en banc sitting of the Judges of the Supreme Court of Judicature of Jamaica scheduled for Friday March 26, 2021 at 10:00am has been postponed until further notice.



The Hon. Miss Justice Carole Barnaby

The National Housing Trust v Marksman Limited and Epstein, Robert

Civil Procedure - Application to file amended defence and issue counterclaim after Case Management Conference - Facts supporting counterclaim are such that main relief is an administrative order to check the exercise of a statutory public duty - Knowledge of the result of the exercise of public duty for approximately 3 years - Adjourned trial imminent - Considerations.

Barnes, Isabelle v Barnes, Christopher

Family - Children (Guardianship and Custody) Act - Maintenance Act - Jurisdiction to grant interim order for maintenance of children pending determination of substantive claim for their custody and care and control.

Leiba, Collin Anthony v Leiba, Ulric Charles

Civil Procedure - Executors not parties to proceedings - Whether relief in the nature of administration claims can be sought and granted if pursued by way of Notice of Application for Court Orders in existing proceedings concerning the estate to be administered by executors.
Interpretation - Section 13(2) of the Trustees, Attorneys and Executors (Accounts and General) Act.

Guardian Life Limited v Dunkley, Christopher

Civil Procedure - CPR Rule 69.4 - Scope of the rule - Whether the words complained of by the Claimant are capable of bearing the meanings attributed to them in the statements of case.

Newman, Atoya v Howell, Duwayne

Matrimonial Property - Property Rights of Spouses Act - Spouses acquired home as joint tenants prior to marriage - Application to vary equal share rule - Marriage of short duration - Considerations - Unavailability of commercial interest for sums paid towards mortgage by one party after date of separation.

Marlie Technology Park Limited and Geotgechdivision Enterprises Limited v Sagicor Bank Jamaica Limited

Civil Procedure - In limine objection to further consideration of interim injunction granted ex parte - no order made by the court for the filing and service of claim form by specified date - applicant gave an undertaking in it application for without notice interim injunction to file and serve claim by a specified date - applicant failed to comply with own undertaking - court orally advised of the filing of claim form on the day of the hearing but not served on respondent at the time of the hearing - whether court is prevented from considering application further.

Labeach, Allessandra v Powell, Anthony and Advantage General Insurane Company Limited

Civil Procedure - Whether insurer has the right to intervene or must obtain the leave of the court - Sufficiency of interest - Defendant deceased when insurance policy in respect of motor vehicle renewed by the insurer - Whether insurer should be permitted to intervene to set aside default judgment in the absence of notice or permission of the Defendant’s Estate as policy holder - Identity of the person who applied for renewal of policy of insurance not disclosed by the insurer.

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