2023

Williams, Christopher v Miller, Charmaine

Family Law – Application for Custody of Child – Application for Variation of Custody Order – Whether there has been a Material Change of Circumstances to Justify Variation of Custody Order Already Made. Family Law – Application for Custody of Child – Whether Variation of Custody Order is in the Best Interest of the Child.

Francis, Newman v Francis, Keneisha

Beneficial interest in property - Whether the defendant holds the legal interest on a resulting or constructive trust for the claimant – Whether there is a presumption of advancement 

Re: Lot 417A Barbican Heights

Application to modify restrictive covenants under section 3(1) of the Restrictive Covenants (Discharge and Modification) Act – What is the neighbourhood – Whether the character of the neighbourhood has changed - whether restrictions are obsolete - Whether the reasonable user of land impeded – Whether the proposed modification will not injure the persons entitled to the benefit of the restrictions

Thompson, Robert (Executor of the estate of Elethia Thompson) v Thompson, John (Executor of the estate of Elethia Thompson)

Claimant filing suit in a representative capacity as executor of his mother’s estate - Death of the claimant prior to trial - Devolution of office of executor on death where there is a surviving co-executor - Inapplicability of the chain of representation - Suitability of applying for administrator ad litem by executor of deceased claimant -Applicability of CPR 19.3, 19.2(5) and 21.8

Shaw, Dansworth v Port Authority of Jamaica

Whether there was service of a notice of application for court orders – The effect of filing an amended notice of application for court orders – Whether an amended notice of application for court orders supersede an earlier notice of application - Whether the earlier notice of application should be struck out for lack of compliance with a court order directing service by a specified date

Morgan, Akeem v Dunn, Tavia, Lowell Morgan, M. Maurice Manning and Lowell Morgan (Administrator Ad Litem for the estate of Donovan Jackson) et al

The supervisory jurisdiction of the court over its officers - Whether the jurisdiction is limited to undertakings given by attorneys-at-law - Whether it is compensatory or punitive – Whether the fixed date claim form discloses reasonable grounds for bringing the claim - Whether defendants waived their right to make the preliminary objection by filing an affidavit in answer - Whether a cause of action needed for declaratory relief - Whether undertaking given to the court merged into the final judgment

Hylton, Howard George v Hylton, Natalie Antoinette

Family Law - Divorce - Application for Decree Absolute - Issues relating to custody of relevant child unsettled - Whether Decree Absolute should be granted - Matrimonial Causes Act Section 27 - Civil Procedure Rule 76.12, 76.14

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