2025

Mortgage - Enforcement of power of sale without factual or legal predicate - Absence of proper documentation proving sums allegedly owed - Proceeds from bonds issued in Jamaican currency converted to United States currency - Money used to buy mortgages to pay loans - No proof that loans existed - Money to be repaid - Whether should be repaid in Jamaica of United States currency - Interest claimed as debt - Interim payment - Stay of proceedings. 

Civil Procedure – Application for Extension of Time to Bring Claim – Delay – Reasons for the Delay – Prejudice – Is the Claim meritorious – Res Judicata – Is the Claim an abuse of process – Striking Out – Application to Strike Out Claimant’s Statement of Case Against the 2nd Defendant – Applicable Limitation Period – Property (Rights of Spouses) Act sections 13, 21, 22 and 23 – Civil Procedure Rules, 2002 as amended, Rule 26.3

Civil procedure – Breach of Contract - Whether the Defendant wrongfully terminated the Sub-contract - Whether the Claimant repudiated the Sub-contract - Whether the Claimant is entitled to damages for breach of contract - Loss of profit - Nominal damages

Civil procedure – Breach of contract - Whether an agreement for a fixed term lease existed between the parties - Whether the Defendants are in breach of the Lease Agreement - Unstamped Lease Agreement - Whether the Claimant is in breach of the covenant for quiet enjoyment - Damages

Negligence - Motor vehicle collision causing death of driver - Liability - Credibility - Damages.

Property Law - Land – Registered land – Application to bring land under the Registration of Titles Act – Allegation of fraud – Meaning of fraud under the Registration of Titles Act – Whether title obtained by fraud – Whether the claim for fraud is statute barred.
Limitation of Act sections 3, 4, 8, 27 and 30

Matrimonial Property - Whether claimant is entitled to a 50% interest in the family home - Whether Equal Share Rule should be varied – Whether the parties had agreed on the ownership and division of the family home -Property (Rights of Spouses) Act sections 6, 7, 10 and 12

Property Law - Joint tenancy - Whether joint legal ownership is joint beneficial ownership - The burden of proof - Severance of the joint tenancy The effect of some defendants not participating in the claim - Partition Act sections 2(2) and 4

Judicial Review – Whether employee of a statutory body with full corporate
personality is a public officer within section 1 of the Constitution of Jamaica –
Whether employee was a ‘person entering the Public Service within section 1.4 of
the Staff Orders’ - Legitimate Expectation.

Civil Practice - Rule 19.3 of the Civil Procedure Rules – The Protection of
Geographical Indications Act – Appeal against a decision of the Registrar -
Application to be removed as 4th Defendant – Whether an Interested Party in
proceedings before the Register should be a Defendant on appeal.