Gordon, Velma Juscom Motors Limited
Contract – Sale of Goods - Breach of Contract of Sale of Motorcar – Misrepresentation – Whether there was wrongful description of the Age of the motorcar – Industry Standard – Whether description should be by model year or year of manufacture – Sale by Description – Implied Condition – The Sale of Goods Act, S. 14.
Jencare Skin Farm Company Limited v Samuda, Lloyd
Civil Practice and Procedure - Rules 26.3, 28.6 and 28.7 of the Civil Procedure Rules 2002 - Application to Strike out - Whether Claimant has legal authority to bring the claim - Whether proceedings authorized in breach of section 174A of the Companies Act - Application for Specific Disclosure
Hardware & Lumber Limited v The Commissioner of Customs No. 2
Revenue Law - Customs Tariff (Revision) (Amendment) (Nos. 2 & 3) Resolution, 2013 - Classification of rodent bait stations, multi material rat traps and molluscicides Tariff heading 38.08 - Tariff heading 39.26 - Tariff heading 73.26 - Tariff code 3808.91.10.00 - Tariff code 3808.99.19.90 - Tariff code 3808.99.91.10 - Tariff code 3808.99.99.00 - Tariff code 3808.99.99.10 - Tariff code 3808.99.99.90 - Tariff code 3926.90.90.00 - Tariff code 7326.20.00
King, Carlene v The Attorney General of Jamaica
Constitutional Law - Breach of Fundamental Rights - Sections 13 and 14 of the Constitution of Jamaica (Charter of Fundamental Rights and Freedoms) - Unlawful detention - Right to be brought before a court - Right to be informed of reasons for detention - Whether detention from April 2010 to November 2010 was unlawful - Whether claimant was before the court during that period - Stop order - Credibility of witness - Burden of proof
Miller, Veloris Joyce v Hutchinson, Malvern and Tashana Alicy Hutchinson
Injunction - Interim Injunction - Factors to be considered in granting an interim injunction - Whether there is a serious issue to be tried - Whether damages are an adequate remedy - Balance of convenience-adverse possession - Proprietary estoppe
Wilmot, Nigel v The Attorney Generla of Jamaica and the Jamaica Constabulary Force
Constitutional law — Charter of Fundamental Rights and Freedoms — Road Traffic Act 2018 — Traffic Stops — Detention — Production of Driver and Vehicle Documents — Freedom of Movement — Liberty — Privacy — Protection from Search — Seizure and Continued Detention of Motor Vehicle — Protection of Property — False Imprisonment — Detinue — Conversion — Damages
Kerr, Errol (Administrator and near relation of the estate of Jerome Joel Kerr otherwise called Jerome Kerr) v The Jamaica Constabulary Force and the Attorney General of Jamaica
Negligence - Force Recruit collapses during physical later dies - Duty of Care - Standard of Care - Foreseeability - Causation - Burden and standard of proof Fatal Accidents Act, Law Reform (Miscellaneous Provisions) Act
Kerr, Errol (Administrator and near relation of the estate of Jerome Joel Kerr otherwise called Jerome Kerr) v The Jamaica Constabulary Force and the Attorney General of Jamaica
Negligence - Force Recruit collapses during physical later dies - Duty of Care - Standard of Care - Foreseeability - Causation - Burden and standard of proof Fatal Accidents Act, Law Reform (Miscellaneous Provisions) Act
Babolal, Stephen and Khadian St. Patrick Babolal v Chevon St. Brian Newman (Administrator Ad Litem for the Estate of Urban Newman)
Real Property – Recovery of possession of land – Adverse possession – Whether deceased’s possession of land extinguished the title of the registered owner prior to the exercise of the mortgagee’s power of sale – Whether the purchaser from a mortgagee takes free of an unregistered possessory title – Purchaser in possession – Squatter – Whether agreement for sale in existence- Whether the deceased had the requisite animus possidendi where occupation commenced under incomplete agreement for sale – Acknowledgement of title –Burden of proof in a claim for recovery of possession where adverse pos
Rowe, Marcia (Administratrix of the Estate of Ryan Williams) v Attorney General of Jamaica
CIVIL PRACTICE & PROCEDURE – Application for leave to appeal – Whether the proposed appeal has a real chance of success – The effect of non-compliance under Rules 29.4 & 29.5 and the application of Rule 29.11
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