National Commercial Bank Jamaica Limited v Laing, Janene
Civil procedure – Breach of Contract - The Banking Services Act, The Consumer Protection Act - Whether the conduct and representations of the Claimant amount to negligence, negligent misstatement and/or breach of the implied duty of care and skill - Failure to exercise due diligence - Indemnity clauses - Implied terms in a contract - Unjust enrichment - Whether the Claimant is estopped from recovering the sums lost.
Keniston, Deena v Clarke, Leandy
rust – Disputed property ownership – Whether the legal ownership of the Fort Charles property registered in the joint names of the claimant and the defendant is held on trust for the claimant - Whether the claimant intended to make a gift of purchase of half share in the property to the defendant – Whether legal ownership of the Toyota Wish Motor car registered in the joint names of the claimant and the defendant is held on trust for the claimant - Whether the claimant intended to make a gift of purchase of half share in the Toyota Wish Motor car to the defendant – Presumption of resulting
Jackson, Fitz v The Bank of Nova Scotia Jamaica Limited
Civil Procedure – Application for extension of time to file Application for Leave to Appeal - Application for Leave to Appeal – Whether Court had jurisdiction to grant summary judgment to party without application – Whether Court improperly exercised jurisdiction to award costs against unsuccessful litigant in matter having a public interest – Application for stay of proceedings – Court of Appeal Rules [2002] (the CAR) – The Court of Appeal Amendment Rules [2025] Rule 1.8 (2) – The Court of Appeal Rules [2002], Rule 1.8(1), Rule 1.8 (7) – Bills of Exchange Act (BEA), S.
The Commissioner of Lands v Hyde, Morvick Sirica and Sheridene Drummond-Hyde
Compulsory acquisition of property by the Commissioner of Lands - Dispute over compensation offered to defendants by the Commissioner of Lands – Land Acquisition Act
Muir, Garett v Rosedaley Foods Limited
Civil Procedure - Assessment of Damages - Failure of Defendant to provide full and frank disclosure - Whether adverse inferences should be drawn - Claimant unable to provide proof of income - Whether court can draw reasonable inferences to arrive at an appropriate award.
Richards, Constantine v The Transport Authority and The Attorney General of Jamaica
Detinue - Conversion - Negligence - Assault and battery - Claimant operating his vehicle unlawfully – Elements of torts claimed for – Whether claimant met his burden of proof – Section 33 of the Constabulary Force Act.
Community and Workers of Jamaica Co-operative Credit Union Limited v Chamers,Al, Lascynth Chambers and Evett Hyatt
Civil procedure – Whether the Claimant disbursed the full sum of the loan- Whether the Claimant failed to act in good faith and/or was negligent in the exercise of its power of sale- Measure of damages - Whether market value or forced sale value relevant in calculation of damages - When is the set-off to be done.
Mattison, Paul v Richards, Garfield and Gaston Brown
Negligence - Motor vehicle collision - Liability - Burdon of proof - Conflict between pleadings and witness statement.
Jackson, Fitz v Bank of Nova Scotia Jamaica Limited
Civil Procedure – Application for extension of time to file Application for Leave to Appeal - Application for Leave to Appeal – Whether Court had jurisdiction to grant summary judgment to party without application – Whether Court improperly exercised jurisdiction to award costs against unsuccessful litigant in matter having a public interest – Application for stay of proceedings – Court of Appeal Rules [2002] (the CAR) – The Court of Appeal Amendment Rules [2025] Rule 1.8 (2) – The Court of Appeal Rules [2002], Rule 1.8(1), Rule 1.8 (7) – Bills of Exchange Act (BEA), S.
Tropicorp Mushrooms Limited v The Saint Thompas Parish Council Consolidated with Alred Samuels Edwards, Ian Harriott and Rupert Brown et al
Prescription - Sections 4, 14, 35, 36, 37 and 40 of the Parochial Roads Act – Section 3 of the Main Roads Act – Whether the reserved road that runs through property owned by Tropicrop Mushrooms Limited is a public or private road - Sections 2 and 5 of the Prescription Act – Whether the Claimants have acquired a right of way over the reserved road - Section 68 of the Registration of Titles Act – Sections 3 and 30 of the Limitation of Actions Act – Whether the Claimants have a right to farm on land registered in the name of Tropicrop Mushrooms Limited and Mossmans Peak Farms Limited by virtue
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