2010

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.

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

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.

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.

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

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.

Banker - Customer relationship - Negligence - CPR R. 29 visa a viz evidence on behalf of a bank - Evidence Act part II,- Banking Act fourth schedule.