The Hon. Mr. Justice Roy Anderson

Foote, Donovan v Capital & Credit Merchant Bank Ltd & The Gleaner Co Ltd

Application to strike out statement of case pursuant

to CPR 26.3; whether statement of case discloses

grounds for bringing action; sale under powers

contained in mortgage; whether sale challengeable

in action against purported purchaser; Section 106

of the Registration of Titles Act; whether darriages

only remedy for improper exercise of powers of sale;

acts which may deprive purchaser of status as BFP.

Flickenger, Elita v Preble, David and Xtabi Resort Limited

Claim in negligence or breach of duty under Occupiers'

Liability; Claimant's husband drowned while snorkeling

off Negril Coast while guest at Xtabi Resort; whether

proper defendants sued; whether deceased was warned of

dangers; whether breach of duty on the part of

defendants or either of them; Whether deceased

accepted risk of swimming in rough seas; whether Act of

God; whether witness credible in light of previous

inconsistent statement; causation/foreseeability in Tort


Mason, Venessa v University of the West Indies

Application for injunction to prevent student being excluded from university hall of residence - Whether justiciable in court - Whether jurisdiction of University visitor exclusive - Whether jurisdiction of court concurrent with university visitor - Whether injunction mandatory or prohibitory - Whether in any event, damages would be an adequate remedy.

First Global Bank Limited v Rose, Rohan, Lewis, Anthony et al

Freezing Order - Inter partes hearing - Application to set aside Freezing

Order for Non- Disclosure - Material non-disclosure - Application to set

aside search order - extent of the privilege against self-incrimination -

whether U.K. precedents can assist Jamaican Courts.

Stewart, Hon. Gordon v Sloley, Senator Noel Sn. and Sloley, Noel Jr. et al

Application to commit for comtempt in relation to alleged breach of search order - Order directed to body corporate, its directors, servants and/or agents - Application to commit instituted against defendants in cliam as well as against body corporate and its legal advisors, attorneys-at-law - Preliminary objection that proceedings by way of notice of application for court orders in in beach of CPR 53 - That there is no claim and that existence of a claim is condition precedent to issue of search order and so search order is a nullity - That penal notice is fatally flawed as not being direc

Sterling, Paula-Ann v Sterling, Wayne

Property (Rights of Spouses) Act 2004 - Declaration of interest in property - Whether house is family home for purposes of sectiosn 6 and 7 - Whether application has to be made pursuant to section 7 - Whether section 7(2) exhaustive - Scope of section 14 - Circumstances informing a jsut and reasonable division of property - Whether decree nisi is appropriate trigger for the purpose of section 13 application - Application of section 11 where cohabitation continues.

Spencer, Kenneth v Simpson, Elaine et al

Whether claimant may mount successful challenge to validity of registered title in name of defendands - Conduct which may amount to fraud in relation to grant of registered title - Whether claimant can establish title to the said land by reason of adverse possession - Turn of the evidence necessary for the claimant to establish adverse possession and the appropriate time.



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