Jolanes Investments Limited v Sagicor Life Jamaica Limited (Formerly Life of Jamaica Limited)
Contract – Whether letters between agent and third party constituted a binding contract – Whether there was acceptance of an offer - Whether essential terms agreed - Ostensible authority
Cunningham, Len by and through their agent Joyce Bunting et al v Hall, Victor and Sonia Hall
CIVIL PROCEDURE - Agency - Adverse Possession - Fraud - Whether Joyce Bunting was the claimants’ agent, and therefore, had the authority to act and deal with the disputed land for and on behalf of the claimants - Whether, by operation of the Limitation of Actions Act (LAA), the claimants’ alleged adverse possession of the disputed lands, extinguished the registered title obtained by the 1st defendant - Whether the 1st defendant committed fraud when obtaining a certificate of title for the lands registered at volume 1471 folio 698 of the Register Book of Titles, which comprise the disputed l
Cousins, Velrose v Passley, Chester, Cameca Passley and Chester Passley (In his capacity as Executor of the estate of John Passley)
CIVIL PROCEDURE - Whether, by operation of the Limitations of Actions Act (LAA), the claimant’s alleged adverse possession of a portion of the disputed land, extinguished the registered title of the said property, held by the estate of the deceased proprietor - Whether an implied licence can defeat an adverse possession claim - Whether the 1st defendant could have given an implied licence to the claimant to occupy the disputed property - Whether the court should order that the Registrar of Titles cancel the existing certificate of title registered at volume 1158 folio 668 of the Register Bo
Mais, Leon v Jamaica North South Highway Company Limited and China Harbour Engineering Company Limited
Negligence - Single Vehicle Accident on the Highway – The Duty of the Highway Maintenance Authority to a Motorist – Whether the Defendants breached their duty of Care to Claimant while carrying out construction on the Highway.
RN v SKIL and SM
Civil Procedure – Application for relief from sanctions – Multiple applications made by the claimant for relief from sanctions for the failure to file and exchange his witness statement within the time stipulated by order of the court – Application for relief from sanctions refused by the court – Res judicata – Whether the doctrine of res judicata applies to the subsequent application for relief from sanctions – Whether the doctrine of res judicata applies to discretionary decisions which are made at an interlocutory stage and before any findings of fact are made – Issue estoppel – Whether
Brown, Abigaile (A minor who sues by her mother and next friend Affia Scott) v The Attorney General of Jamaica
Personal injury - Trial – Medical negligence – Duty of care owed by medical doctors
to their patients – Bolam test – Bolitho test – Res ipsa loquitor
Rowe, Alphanso v Prince, Shamari and Kay-Ann Bookall
Civil Procedure - Application for relief from sanctions for failure to file witness statement and list of documents within the time specified by Case Management Conference orders – Whether the application was filed promptly – Whether the
information contained in the affidavits filed in support of the application satisfies the requirement for evidence on affidavit – Whether the failure was unintentional – Whether there is a good explanation for the failure – Whether the second defendant
McLeod, Kadian, Attania Edwards and Delon Hamilton v Ellis, Kession Walker
Civil Procedure - Part 37 and 64 Civil Procedure Rules 2002 - Whether it would be just and fair to make no order as to costs - Whether the Claimant should pay the Defendant’s costs
Green, Vivian v Robinson, Dwight and Christine Barbara Dixon
Wills – Probate – Competing Wills – Validity of will – forgery – Presumption of due execution – Knowledge and approval – Testamentary capacity – Undue influence – Fraud – Burden and standard of proof in fraud cases – Expert evidence – handwriting analysis – Credibility of witnesses – Wills Act, s.6 – Forgery Act, s.3
Nathan, Nerisha v Baines, Hopeton
Family Law – The Children (Guardianship and Custody) Act- The Maintenance Act- Whether the sum claimed for maintenance by the Claimant is reasonable
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