Smith, Ivan (Administrator of Estate Kathleen Elfreda Chambers Smith) v CDF Scaffolding & Building Equipment Ltd, and Chambers, Owen et al
Company Law Majority shareholder deceased – Minority shareholders vote to increase shares – Locus standi of legal personal representative – Irregularities in accounts – Whether notice of meeting called to increase shares and/or offer of new shares should be served on legal personal representative-Section 213A Companies Act-Section 212 Companies Act - Rectification of Register of Shares - Whether Damages applicable.
Smellie, Michelle v National Commercial Bank Jamaica Limited
Application for summary judgment- Spouse of mortgagor alleging undue influence- Certificate of advice from Attorney-at-law – Whether bank satisfied duty of care – Whether Royal Bank v Etridge (No 2) states applicable duty
Fritz, Darnel v Collins, John
Mortgage – Whether fraud or undue influence – Limitation of Actions Act – Whether applicable to Statutory Power of Sale - Whether duty of Mortgagee to satisfy self of mental competence of the person executing the mortgage.
Sunswept Jamaica Company Limited v The Registrar of Titles and Clarke-Morales, Angela
Application To Strike Out – Whether No Reasonable ground for bringing claim – Registration of Titles Act – Duty of Registrar – Whether Caveat renewed – Whether Registrar’s Reasons valid – Procedure – Whether permission to issue summons to Registrar required – Whether procedural error can be corrected.
Tewani Limited v Tikal Limited (Trading as Super Plus Food Stores)
Lease - Registration of Titles Act - Whether unregistered lease for ten years enforceable - Whether new owner can enforce lease against original tenant - Whether tenancy terminated or surrendered - Whether tenant liable for unpaid rent – Whether new owner accountable for deposit.
Watson, Christopher v Tankweld Limited
Negligence - Causation - Defence as to quantum- Assessment of damages – Claimant survives an aeroplane accident – Injuries to his face, arms, legs and back – Post traumatic stress disorder – Permanent pain – Whether pain attributable to physical injury or psychogenic
Barrett, Dennis and Geddes, Sophia v Ebanks, Dorcelyn (Representative Estate Errol Ebanks)
Application to strike out Claim – Previous Claim on same subject matter ended with Consent Order – Unilateral Mistake – Whether Consent Order should be set aside
Holness, The Most Hon. Andrew v Radio Jamaica Limited, Television Jamaica Limited, Burton, Zahra and Zahra Burton (trading as Global Reporters of the Caribbean)
Application for permission to Discontinue Claim against 1st Defendant – Whether Costs to be ordered – Discretion – Group of Companies
Re Intestate Estate and Property Charges Act and Harriott, Dexter Ogilvie
Intestates Estates & Property Charges Act- Application to be declared a Spouse Deceased lived with Applicant during the week but stayed elsewhere on weekends- Whether fact of another intimate relationship prevents Applicant being declared spouse-Whether Applicant a housekeeper.
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