Re 23-25 Seymour Avenue and 14 Upper Montrose Road
Land - Restrictive Covenant – Covenant restricting subdivision and use of land - Application to modify – Identifying the relevant neighbourhood for the land - Whether character of neighbourhood has changed – Whether covenant obsolete - Whether covenant impedes reasonable user of the land – Whether any injury to beneficiaries of the covenant would result from the modification of the covenant - Restrictive Covenants (Modification and Discharge) Act, section 3 (1)
Rayon Wilson v the Attorney General for Jamaica & Detective Meeks, Et Al
malicious Prosecution and False Imprisonment
Jaddoo, Carolee v Rafic Raam Nesbeth
Civil Practice - Addition of parties - Claim for declaration of interest pursuant to the Property (Rights of Spouses) Act - Unmarried couple residing in a house built on land registered in the name of another -Whether any declaration may be made in respect of that property - Hearing commenced and the case of both parties closed - Application to add registered proprietor of land - Whether registered proprietor ought to be added as a defendant - Property (Rights of Spouses) Act ss. 6, 13 and 14 - Civil Procedure Rules 2002 rr 19.2 and 19.3
Capital and Credit Merchant Bank Ltd v Isaac Gordon
Civil Procedure – Payment by instalments, application for - Claim for a specified sum of money – Acknowledgment of service filed denying all liability – Defence admitting a debt but disputing quantum – Whether application for payment by instalments appropriate - CPR rr.
Tewani Limited v Kes Development Co. Ltd. and ARC Systems Limited
Practice and procedure - Application for injunction - Application to oblige access to land - Claimant holding an instrument of transfer for the title to the land - Presumption that damages never an adequate remedy when the subject matter of the claim is land - Preservation of the status quo.
DYC Fishing Limited v The Owners of MV Devin and MV Brice
Admiralty – Contract for harvesting conch – Advance said to have been given to outfit harvesting vessel – Contract said breached by harvester – Claim for damages for breach of contract - Claim brought in rem – Vessel arrested - Whether claim to be in rem or in personam – CPR rr. 70.2, 70.7
Shim, Earle Alexander v Shim, Sylvia Elmay and German, Elizabeth
Equity – Equitable estoppel – Husband (H) claiming equitable interest in Wife’s (W) family’s property - Whether misrepresentation as to ownership – H expending significant sums in construction on the property –H’s intention at the time of incurring expenditure – Whether H relying on representations by W and mother-in-law - Whether equitable interest created thereby – How equity to be satisfied?
Pagination
- Previous page
- Page 3
- Next page