Campbell, Juliet, Buchanan, Oren v Prendergest, Donnette and Hall, Junior
Tortious damage to property; credibility; assessment of damages; betterment.
When the incredulity of ,the defendants is juxtaposed with the credibility of
. .the claimants, the aphorism, "truth press down is like oil poured in water, it
: rises to the top," comes into sharp focus. The court is constrained not to look
askance at the manifest truth of the claim. Accordingly, the claim is found
proved on a balance of probabilities.
Campbell, David v Anderson, Norma, Campbell Marlene et al
Land - Joint Tenancy - Severance registered on Certificate of Title - One co-owner
dying subsequently - Deceased alleged to have secured the severance by fraud -
Nature of evidence required to prove fraud - Whether deceased secured possessory
title against otber co-owner
Tyndall, Hon. Shirley and Hylton, Patrick et al v Carey, Hon. Justice Boyd and Ross, Charles et al
Application for leave for judicial review - Orders of prohibition and certiorari - Commission of enquiry - Whether applicants have sufficient interest - Threshold test - Allegations of bias and procedural unfairness - Whether leave to operate as stay of proceedings - Nature of stay under Jamaican Civil Procedure Rules.
Total Jamaica Limited v Chen, Charles and Super Plus Trucking and Equipment Limited Between Total Jamaica Limited v Tikal
Civil Procedure - Injunction - Application to restrain sale of products other than claimant's - Express prohibition in contract not to sell any products other than claimant's = Claimant not supplying product because of the defendant's unpaid debts - Effect of injunction on defendant - Balance of convenience - Whether favouring an interim injunction.
Toby, Dr. Leslie v Hinchcliffe, A. H. and Manpower and Maintenance Services Limited
Practice and procedure - Application for relief from sanctions - Claimant's statement of case struck out because of failure to obey orders made at case management conference - Application filed three years after act of striking out - Claimant's attorney-at-law blamed for delay - Attorney-at-law now dead - Whether application made promptly - Whether general compliance with other orders - CPR RULE 26.8
Thomas, Ralston v United General Insurance Company Limited (Advantage General Insurance Company Limited)
Civil practice - Application for summary judgment - Defendant countermanding cheque drawn in favour of claimant - Subsequently paying the sum due - Claim for fraud - Whether cause of action still subsisting - Whether loss resulting from the defendant's conduct - CPR rule 15.2.
Thomas, Kingsol v National Commercial Bank Jamaica Limited
Banker - Customer relationship - Negligence - CPR R. 29 visa a viz evidence on behalf of a bank - Evidence Act part II,- Banking Act fourth schedule.