Francis, Newman v Francis, Keneisha Leneisha Ann-Marie
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
Morgan, Akeem v Dunn, Tavia, Lowell Morgan, M. Maurice Morgan 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
Grant, Simone v Forrest, Denise
Equity – Constructive and Resulting Trusts, Proprietary Estoppel – Joint Tenancy - One joint tenant is deceased – Whether joint tenancy severed by separate acts of the joint tenants – Whether tenancy severed by course of conduct.
Paradise Consortium Lomited trading as Jungle Fyah v Mason, Franklyn trading as Jungle Fiah
Civil Practice & Procedure – Tort – Passing Off – Whether the Defendant has breached the tort of passing off by using the name ‘Jungle Fiah’ – Elements of Passing Off – Whether the Claimant has established goodwill or reputation in the name “Jungle Fyah” – Whether the Claimant has demonstrated a misrepresentation by the Defendant to the public by using the name ‘Jungle Fiah’ – Whether the Claimant suffered or is likely to suffer damage due to misrepresentation – What remedies, if any, are available to the Claimant - Remedies – Whether the Claimant is entitled to an Order for recovery of
Palmer, Adidja v Minister of National Security, Superintendent of Tower Street Adult Correctional Centre and the Attorney General of Jamaica
Injunction – Application for the grant of an interlocutory injunction – Application for the grant of an interlocutory injunction made against the background of a constitutional claim challenging the legality of an inmate being held in solitary confinement – Whether there is a serious issue to be tried – Whether the application is frivolous and vexatious or amounts to an abuse of the process of the court Natural justice – Due process – Inmate allegedly found in possession of a prohibited article – Inmate employed to his cell while investigations are pending – Whether inmate afforded the righ
West, Tajhieve v Bayview Echo Resort & Spa, Seventh Day Adventist Churches of the W I Union Conference and Portland Primary & High School
Application to strike out statement of case - Application under CPR 19.4 and CPR 20. 6 - Whether claim against defendant without legal personality can be amended under CPR 19.4 to substitute a legal entity - Whether correction to name of defendant can be made under CPR 20.6.
Baghaloo, Wilfred (Receiver, Mystic Mountain Limited in receivership) v Mystic Mountain Limited (In Bankruptcy and Sky High Holdings
Receivership and Bankruptcy – Sale of assets – Application to approve sale – Whether best price obtained – Expert opinions – Relevance and treatment of expert opinions – Whether unsigned report admissible- Relevance of whether “commercially reasonable” effort to sell made - Observations on principle of open justice- Observations on the distinction between a court appointed and a privately appointed Receiver.
Henry, Sheron v Brown, Khahailem, Rohan Silvera, and Occupants of 9 Scotland Drive, College Green, Hope Pasture
Civil Procedure - Restrictive covenant - Advertising dwelling house for short -term rental on Airbnb website - Whether dwelling house is being used for residential purposes only – Business or trade – Nuisance - Whether activities on premises by occupants of the absentee owner amount to private nuisance.
Jamaica Association of Composers Authors and Publishers Limited v Restaurants of Jamaica Limited trading as KFC
Civil Practice and Procedure – Application for Summary Judgment – Whether an Amendment to the Pleadings Before Case Management Conference but after a Summary Judgment Application has been Filed and Served Should Be Considered. Civil Practice and Procedure – Application for Summary Judgment – Whether the Claimant has a Case With a Real Prospect of Success in Whole or in Part. Whether Summary Judgment Should be Granted Ahead of enactment of Validating Legislation.
McDonald, Pansy v Williams, Gareth, Jamaica Defence Force and The Attorney General of Jamaica
CIVIL PROCEDURE - APPLICATION FOR PERMISSION TO FILE DEFENCE OUT OF TIME- DEFENCE NOT FILED SAME TIME WITH APPLICATION-NO AFFIDAVIT OF MERIT FILED - AMENDMENT TO APPLICATION MADE 2 YEARS AFTER APPLICATION FILED - FACTORS TO BE CONSIDERED BY COURT IN DECIDING WHETHER TO GRANT AN EXTENSION OF TIME FOR FILING DEFENCE - Rule 10.3(9), 26. (1)(2)(c), 1.1(1) (2) and 1.2 of the Civil Procedure Rules
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