NOTICE

 

The en banc sitting of the Judges of the Supreme Court of Judicature of Jamaica scheduled for Friday March 26, 2021 at 10:00am has been postponed until further notice.



2019

Tewani Limited v Kes Development Co. Ltd. and ARC Systems Limited

Practice and procedure - Application for injunction - Application to oblige access to land - Claimant holding an instrument of transfer for the title to the land - Presumption that damages never an adequate remedy when the subject matter of the claim is land - Preservation of the status quo.

Vaughan, Horneil v Green, Almond; Bellett, Ivy and Bromfield, Kerry et al

Civil Procedure – Application to extend the validity of the Claim Form and for service by substituted method – Insufficiency of evidence of the Process Server – Whether the Claim Form can be extended from the date of the hearing of the application – Civil Procedure Rules 2002 (CPR), rules 8.14(1)8.15; 8.15(4)(a)(i) and (ii)(b)

Edwards, Dwayne v Ellis, Paulette

Civil Practice & Procedure - Negligence - Motor vehicle accident - Personal injury - Contributory negligence - Apportionment of liability- Assessment of damages

Hunter, Dwight v Berger Paints Jamaica Limited

Civil Practice and Procedure - Negligence - Employer’s liability - Whether employer provided safe system of work - Whether premises were reasonably safe for the purpose for which the claimant was permitted to be there - Personal injury - Pre-existing chronic lower back pain - Damages

Atkins, Baldwin and Atkins, Hugh v Bailey, George and Scott, Donovan

Civil procedure – Application for permission for 1st defendant to amend statement of case – Whether proposed amendment to defence raises a different case than that originally pleaded – Whether amendment would prejudice the claimants – Whether 1st defendant’s statement of case is prolix and ought to be struck out – Rules 20.4(2), 26.3(1)(d) and 26.2(2) of the Civil Procedure Rules, 2002, as amended.

Airlink Wireless Network Limited v D.R. Holdings Limited and Rainford, Donald

Lease – Commercial premises – Rent Restriction Act – Whether certificate of exemption has retroactive effect – Whether oral collateral agreement/terms – Re-entry for non-payment of rent – Whether lease lawfully terminated – Whether tort of breach of statutory duty- Whether decision of English Court of Appeal binding - Damages.

Cable and Wireless Jamaica Limited v Sretlaw Media Company Limited

Application for summary judgment - Contract – Flow Super Cup- Claim and Counterclaim- Defence that amounts collected were spent for the Claimant’s benefit – Whether real prospect of success- Counterclaim reliant on an oral agreement – Whether real prospect of success.

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