2022

Peterkin, Arlene v Natural Resources Conservation Authority, Town and Country Planning Authority and National Housing Trust

Judicial Review – Statutory interpretation – Illegality – Whether the authority acted illegally –Irrationality – Whether the authority acted irrationally – Whether illegality and irrationality are equated in law – Effluent(s) – Absence of meaning in the Act – Use of a dictionary meaning – Secondary dictionary meaning – Environmental permit – Environmental licences – Object and purpose of the statute – Relationship between primary and subsidiary legislation – Presumption of correctness in statute – Whether provisions are mandatory or discretionary – Whether regulations are ultra vires the pr

Hay, Manfas and Mansene Myrie-Hay v Thompson, Clover and Johnathan Prendergast

Recovery of possession of property - Whether the claimants as title holders are the legal owners of the disputed land - Whether the defendants acquired the disputed property by adverse possession - Whether claimant's registered title is extinguished by the operation of the Statute of Limitations - Section 3 and 30 of the Limitation of Actions Act

R v Henry, Mark

Sentence - Triple murder – Stabbing deaths – Sections 2 and 3 of the Offences Against the Persons Act

McLean, Jermaine v Lawrence, Rosa

Division of property - Unmarried couple - Joint tenancy - Constructive trust - Common intention  - Whether beneficial interest parallel to the the legal interest - Who has first option to purchase family home - Entitlement to rental income - Intention as to parties interest in truck - Whether defendant entitled to recover items left in family home.

Chisholm and Company Development Ltd. v Henry, Norval, Cleveroy Dale, Kevin Chin, I Will Survive - Owner, Person unknown et al

Tort – Whether unnamed defendant can be sued – Whether unnamed defendant can be served with claim – Whether alternative service established – Groyne constructed under licence – Whether land amassed by groyne belongs to claimant – Whether beneficial interest in groyne – Trespass - The Beach Control Act - The Main Roads Act – Civil Procedure Rules, Rules 5.13, 5.14

Foster, Delroy v Jamaica Redevelopment Foundation Inc.

Application for injunction –  Serious issue to be tried – Adequacy of damages -
Balance of convenience - Adverse possession – What is required to show exclusive undisturbed possession - Effect of a possessory title on foreclosure – Striking out

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