Graham, Louise v Graham, Angella
Validity of a Will – Whether the testator was unduly influenced to execute his final Will – Whether the testator requested the requisite testamentary capacity at time he prepared his Will
Millar, Suzette and Pryce, Paul v Duncan Bay Development Company Limited and Melrose Finance Company Incorporated
Registration of Titles Act sections 68, 70 and 71 – Whether the Claimants are bona fide purchasers for value without notice of fraud – Whether the Claimants acted in bad faith in failing to investigate prior transfers and adverse acquisition noted on registered title – Restrictive covenant requiring Claimants to apply for building approval through the 1st Defendants – Whether the 1st Defendant can refuse to process the Claimants’ application because of the 2nd Defendant’s allegation that its title was cancelled on a fraudulent application for adverse possession – Adverse possessor sold the
Morrison, Richard v The Minister of Justice and the Attorney General of Jamaica
Assessment of Damages – Extradition order made pursuant to the Extradition Act
1870 – Claimant’s Writ of Habeas corpus application dismissed by the Full Court –
Claimant filed notice of intention to appeal to the Privy Council – No such right of
Simmons, Kevin v Minister of Labour & Social Security and the Attorney General of Jamaica
Application for claims to be heard on same occasion or before same Judge – Civil Procedure Rules, 2002 (“CPR”) Rule 26.1 (h) – Whether claims could conveniently be tried together – Similar issues of fact and law between claims.
Reid, Damion v Attorney General of Jamaica
Personal Injury – damages for assault and battery – Claimant inured while in custody – Traumatic brain trauma – Neurological damage resulting in weakness to right side and slurred speech – Claiming special damages, loss of income, general damages for pain and suffering and loss of amenities, disability on the labour market, psychiatric injury – Exemplary damages
Guyah, Omar and Brown, Cordella v Drummond, Jack and Lawrence, Winston et al
Evidence – Witness summons and witness summary issued by a party for an opposing party – Validity of witness summons – Application to strike out witness summary – Application to strike out portions of the claimants’ statement of case on the basis that it is a collateral attack on a previous decision of the privy council – Civil Procedure Rules, rules 29.6 (3), 33.2, 33.3(4) and 33.3(5)
Carmock, Junior v Toyloy, Garth et al Consolidated with Thompson, Paul v Toylor, Garth et al
Application to set aside default judgments – Claim not served on the Defendant –
“slip rule” – Correction of an order not reflecting the intention of the Court – CPR
13.2, 13.3, 42.10
Nunes, Shaunette v The Board of Shortwood Teachers College, The Minister of Education and the Attorney General
Disclosure – Unless order – Whether there has been compliance – Application for security for costs – Rules 28 and 24 of the Civil Procedure Rules 2002.
Lindsay, Michelle v Whitfield, Firset and Jamaica Urban Transit Company
Assault and Battery – Vicarious liability – Driver of bus repeatedly assaulting
passenger – Whether tort so closely connected to the employment as to hold
employer liable – Whether driver on a “frolic of her own”.
Fagan, Geoffrey v Fiesta Jamaica Limited
Assessment of damages – Personal injury – Defence limited to quantum – Loss of earnings – Future medical expenses – Loss of future income.
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