The en banc sitting of the Judges of the Supreme Court of Judicature of Jamaica scheduled for Friday March 26, 2021 at 10:00am has been postponed until further notice.
Whether the claimant is entitled to declarations sought - Whether claimant entitled to injunction - Whether claimant’s pleaded case and evidence support remedies sought
Whether property held on trust - Whether joint tenancy severed - Admissibility of statements contained in document purporting to be affidavit which was not properly executed - Whether claimant's interest in property extinguished by virtue of provisions of Limitation of Actions Act - Whether it was necessary to bring claim against Attorney-at-law in possession of duplicate certificate of title.
Whether defendant a licensee - Whether there is evidence capable of supporting finding that defendant is a licensee who has acquired a proprietary interest - Whether evidence to support finding that property is family home
Order for specified service on insurance company - Whether insurance company made reasonable efforts to locate insured - What amounts to reasonable effort
Division of matrimonial property - The family home - Whether equal share rule to be varied - Whether limitation has run against husband’s interest in property - Whether property transferred by spouse prior to filing of claim can be the subject matter of claim - Whether 3rd party with interest in property should have been joined as party to claim or whether being called as witness is sufficient to allow court to make order adverse to third party’s interest.
Whether insurer entitled to declaration – Whether defendant has insurable interest in subject matter of insurance – Whether there was nondisclosure and/or misrepresentation – Whether warranty clause was breached – Whether insurer entitled to avoid policy
Extension of time to file defence - Length of delay - Whether good explanation offered for delay - Whether defendant has a good defence - Abandoning part of claim
Notice of Application for court orders filed pursuant to Rule 26.5 after striking out of defendant’s statement of case - Whether applicant permitted to claim in notice of application for items which were not claimed in the Fixed Date Claim Form - No supporting evidence in affidavit in support of Fixed Date Claim Form - Evidence contained in affidavit in support of Notice of Application
Division of matrimonial property - The family home - Property other than the family home - Spouse’s interest in property inherited by other spouse - Inherited property not transferred to spouse - Property registered in name of one spouse and another person
