Latest Updates:

2011

Whilby- Cunningham, Thelma v Cunningham, Leroy Augustus

Matrimonial Property - Claim for 50% share in dwelling-house - Parties separated - Claim brought more than twelve months after date of separation - Whether the Property (Rights of Spouses) Act applicable – Which section of the Act applicable or not or whether the rules of common law and equity apply - House built by spouses on family land - Whether
house is not family home because it is built on family land - Whether application of equal share rule ousted by absence of legal title in land on which house is built - the Property (Rights of Spouses) Act, ss 2, 4, 6, 11,

Wade, Alphanso v Davy, Gloria Elmena

Non - Attendance of witnesses – Affidavits struck out – Unsatisfactory state of evidence – Rare case In which burden of proof determining which party should succeed.

United Bookmakers Association v Caymanas Track Limited

Application for leave to apply for Juducial Review — Whether section 26 (2) of the Betting Gaming and
Lotteries Act creates a public power or vests a private right — Appropriate tests for determining
whether public power or private right exercised

Jamaican Redevelopment Foundation Inc v Anthony Everald Ferguson

Mortgage – Equitable mortgage - Loan made to registered proprietor of land – Agreement

for land to be security for loan – Proprietor depositing certificate of title in pursuance of

agreement – No instrument of mortgage executed – Whether equitable mortgage in place –

Enforcement of equitable rights – Registration of Titles Act, section 103 - Conveyancing

Act, section 28 (2) – Judicature (Supreme Court) Act, section 48

Thomas, Sydney v Thomas, Josephine

 Limitation of Action - Possession of Title - Land brought under the Registration of Titles Act -Sections 68 & 70 Registration of Titles Act - Whether Fraud established - Meaning of Fraud.

The Coffee Industry Board v The All Island Jamaica Coffee Growers Association et al

Insurance – Collection of cess from coffee growers- Cess authorised by statute – A portion of the cess paid into a trust fund - Trust fund intended for assisting growers in the event of loss - Whether payment to the trust fund is “insurance business” within the contemplation of the Insurance Act – Whether trustees conducting insurance business - Insurance Act, sections 2, 6, 7, and 21.

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