LIVE STREAM: Swearing-in Ceremony for the President of The Court of Appeal


Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

The Hon. Mr. Justice Kirk Anderson

Fullwood, Winnifred v Curchar, Paulette and The Registrar of Titles et al consolidated with Re the Intestate Estates and Property Charges Act and Winnifred Fullwood

Claim for an equitable interest – Proprietary estoppel – Promissory estoppel Claim for beneficial interest – Burden and standard of proof – Adverse possession against a party who no longer has title – Claim based on adverse possession – Whether claimant was a licensee - Whether the provisions of PROSA apply to disputed property – Proprietary/Promissory estoppel – Application for a declaration of spouse – Whether the deceased was a single man for the material period – Credibility of witnesses – Costs – The appropriate costs order to be made in respect of these matters

JISCO Alpart Jamaica v White, Monica (By Executor and Representative Horace Gayle)

Unregistered land – Dispute as to ownership of land – Burden and standard of proof – Affirmative defence – Claim for recovery of possession – Claim for trespass – Adverse possession as a defence – Whether adverse possession applies to unregistered land – Credibility between witnesses – Limitation rights and unregistered land – Possession of vacant land – When does time start to run against the claimant – Factual Possession – Intention to exclude others – Fencing and cultivating vacant land – Payment of taxes by the claimant – Payment of taxes

Brown, Sharca v First Union Financial Company Limited and Euton Smith

Application to strike out the claim as one which discloses no reasonable case against the 1st defendant – Claim for fraud – Bona fide purchaser for value – No actual fraud is being alleged against the current registered owner who is the 1st defendant – Alleged actual fraud on the part of the 2nd defendant – Application for summary judgment – The distinction between an application to strike out the claim and summary judgment – Claim for limitation rights – Adverse possession and registered title – Claim not served on the 2nd defendant – Application to dispense with mediation – Costs – The ap

Morgan, Methuen v Gordon, Sherece and Dixon, Charles

Application for relief from sanction after sanction applied –– What was the sanction which applied for failure to file witness statement in time –– When did the sanction take effect –– Whether the application was made promptly –– Whether the state of mind of the applicant ought to be considered –– Ignorance as to the true state of the law ––Whether the failure to comply was intentional –– Whether there is a good explanation for failure to comply –– Whether the claimant generally complied with orders of the court –– Witness summary –– Whether non-compliance has been remedied –– Effect of gra

Henry, Judine v Wedderburn, Tyrone

Claim for conversion and detinue – Distinction between conversion and detinue – Remedies available in conversion and detinue – Whether the defendant received all of the disputed items – Which of the disputed items, if any, the defendant received, as gifts – Whether the defendant entered into a contractual agreement with the claimant to supervise the construction of the claimant’s house – Whether the defendant purchased and shipped any of the disputed items – Measure of damages for conversion and detinue – Quantum to be awarded as special damages to the claimant – Making of an award for loss

Charley's Windsor Hours Limited v Prime Minister and Minister of Economic Growth & Job Creation

Judicial review – Application for leave to apply for judicial review – Threshold test: Whether the applicant has an arguable case for judicial review with a realistic prospect of success - Doctrine of ultra vires – Whether statutory authority acted ultra vires – Principles of illegality and irrationality – Whether statutory authority acted illegally and irrationally - Duty to give reasons – Whether the decision of the statutory authority should be set aside for failure to give reasons

Williams, Kathleen v Lee, Devern

Application to set aside default judgment – Whether the defendant was served with originating documentations – Default judgment allegedly irregularly entered – When did the defendant became aware of the default judgment – Whether the application was made as soon as was reasonably practicable after finding out about the default judgment – Whether the proposed defence has a realistic prospect of success

Robinson, Cindy v The Attorney General of Jamaica

Constitutional law – Breach of right to a fair trial within a reasonable time – Delay
in judgment being delivered – Impossibility of judgment being lawfully delivered
the Judge having retired – Whether a retrial ought to be ordered – Burden of
proof as regards whether a retrial ought to be ordered – Remedies – Whether
compensation ought to be awarded to the claimant as damages arising from the
breach – Assessment of sum to be awarded – Whether award can include
damages and costs in original claim – Charter of Fundamental Rights and

Messam, Evon v Junior, Trevor Dunkley and Haulage and Equipment Limited

Application to set aside default judgment – Whether there is a good explanation for the failure to file an acknowledgment of service within time – Alleged default of applicant’s insurers – Whether the application was made as soon as was reasonably practicable after finding out about the default judgment – Application made almost a year after finding out about the default judgment – Whether the proposed defence has a realistic prospect of success – Reliance on hearsay evidence

Pages

Covid-19

Emergency Matters

Emergency Matters

Matrimonial Proceedings

Customer Service

customer complaints image

Strategic Plan

Strategic Plan for the Jamaican Judiciary 2024-2028