Pinnock, Winston v Smith, Donnavan Consolidated with Pinnock, Winston v Smith, Shawn Marie
Property Law – Claim for declaration of possessory title – Factual possession and intention to possess – Effect of registration – Limitation of Actions Act – Registration of Tiles Act
Elburg Ship Management v Enterprise Shipping Agency, Capitalease S.P.A and the Motor Ship Trading Fabrizia
Admiralty law - Application to be added as an interested party Judicial sale of Maltese vessel on the application of the mortgagee – Vessel sold to the applicant free of encumbrances - Vessel subsequently arrested in Malta in respect of the same mortgage debt - Judicial sale in Jamaica not recognized by Maltese court – Mortgage debt paid by purchaser to secure vessel’s release - Rule 70.11 of the Civil Procedure Rules, 2002 Admiralty law - Judicial sale – Distribution of the proceeds – Section 89 (2) of the Shipping Act and rule 70.13 (9) of the Civil Procedure Rules, 2002
Cunningham-Darling, Evelet v Samuels, Hillary and the Registrar of Titles
Necessary status before court to obtain a remedy – Different ways to establish a good root of title – Documentary evidence and evidence of “adverse” possession are two methods – A licensee does not have an interest in land – Operation of the Limitation of Actions Act where adverse possession relied upon to ground title – Both factual open undisturbed possession by the dispossessor for the limitation period and the intention of the dispossessor to possess the property are important in determining if the dispossessor acquires title by adverse possession – Factors to be considered to determine
Independent Commission of Investigations and Errol Chattoo (Director of Complaints (Western Region) The Independent Commission of Investigations v Hart Hines, Natalie Parish Judge Saint James Parish Court
Judicial review - Committal proceedings - Proceedings conducted int he absence of an order - Judicature (Parish Courts) Act, S. 272 and Committal Proceedings Act, S. 3.
Committal proceedings - Duty of the Parish Court Judge - Whether the proceedings are inquisitorial or adversarial - Judicature (Parish Courts) Act, S. 64 - Admissability of statements - Whether statements taken prior to the commencement of the Act need to be retaken by a member of the Jamaica Constabulary Force - Committal Proceedings Act, S. 21(4)(a).
Gilchrist, Gregory v Norman Murray Trading as Norman Murray's Quarry
Default Judgment entered - Application to set aside default judgment - Whether or not default judgment was regularly obtained – Affidavit of service – Identification of Defendant - Rule 13.3 Civil Procedure Rules (CPR) 2002 as Amended 2006 - Test to be applied - Real prospect of success - Whether judgement should be set aside as of right - Overriding objective
Lawrence, Trevor and Janet Lawrence v Intertrade Finance Corporation Ltd (In Receivership) and Joan Powell et al
Application to strike out - Application for summary judgment - Immunity clause -Statutory duty of care - Duty of care - Financial Services Commission - Bad faith
Assets Recovery Agency v Williams, Dian
Application for pecuniary penalty order - Proceeds of Crime Act, Sections 5, 6, 7, 8, 11, 17 and 18.
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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