Court of Appeal Civil Cases
Stewart (Karen) v Seepersaud (Bobby)
Posted Tuesday, 26 September 2023, 4:42 am
I have read in draft the judgment of Laing JA (Ag). I agree with his reasoning and conclusion and have nothing further to add.
Morgan-Collie (Jacinth) & Anor v Clarke (Natasha).
Posted Friday, 9 April 2021, 8:30 am
This matter initially came before the court as an application for extension of time within which to file notice of appeal against a judgment of Wiltshire J (Ag), as she then was, given on 22 June 2018. This application was necessitated by the…
Mahtani (Rajkumar) v Mahtani (Lavina).
Posted Friday, 9 April 2021, 8:28 am
In this application Mr Rajkumar Mahtani seeks permission from this court to appeal against the judgment of E. Brown J, handed down in the Supreme Court of Judicature on 27 June 2013. In that judgment, the learned judge…
Lowthan (Quillo) v Haynes (Courtney) (Executor of Estate of Josiah Lowthan).
Posted Friday, 9 April 2021, 8:19 am
The appellant herein sought to overturn the order of Donald McIntosh J who on 30 May 2008 dismissed her claim to being beneficially entitled to the whole, or a portion, of land registered…
Court of Appeal Criminal Cases
Green (Sylvan) et al v R
Posted Tuesday, 26 September 2023, 4:46 am
The court concluded that each applicant’s application for leave to appeal conviction must be refused and that the application of each for leave to appeal sentence be granted to allow the necessary deductions to be made for pre-sentence remand. Consequently, we made the orders detailed at para. .
Williams (Franklyn) v R.
Posted Friday, 9 April 2021, 11:53 am
The applicant, Mr Franklyn Williams, was tried in the Circuit Court held in the parish of Saint Elizabeth for the offence of murder. The person killed was the applicant’s brother, Mr Mark Williams. On 27 June 2013, the jury found the applicant guilty of the offence and he was…
Thompson (Jerome) v R (2)
Posted Friday, 9 April 2021, 11:51 am
On 30 June 2011, the applicant, Mr Jerome Thompson, was convicted in the High Court Division of the Gun Court on an indictment containing two counts. The first, charged him with the offence of illegal possession of firearm and the second, with robbery with aggravation. He was…
Mullings (Clive) v R (2).
Posted Friday, 9 April 2021, 11:50 am
The appellant was charged on an indictment for the offence of wounding with intent, the particulars of which were that on 10 August 2006, in the parish of Saint Andrew, he had wounded Derrick Smith with intent to do him grievous bodily harm. He was tried on…
Maxwell (Junior) et al v R.
Posted Friday, 9 April 2021, 11:48 am
The applicants, Messrs Junior Maxwell, Reynaldo Palmer and Omar Taylor, were convicted and sentenced on 25 February 2014 by Pusey J in the High Court Division of the Gun Court sitting in the parish of Manchester, of all nine counts contained in the…
Kevin Reid et al v R.
Posted Friday, 9 April 2021, 11:44 am
In these consolidated applications, the applicants seek this court’s permission to appeal against their convictions in the Home Circuit Court on 12 March 2013 for the offence of murder, after trial by…
Forrester _Patrick_ v Regina.
Posted Friday, 9 April 2021, 11:43 am
The applicant, Patrick Forrester, was on 9 December 2008 convicted in the Western Regional Gun Court on an indictment containing two counts. On count one, he was charged with illegal possession of firearm and on count two, he was charged with shooting with intent. He was sentenced to a term...
Campbell (Percival) v R.
Posted Friday, 9 April 2021, 11:36 am
On 25 September 2013, the court announced that the appeal against sentence in this matter would be allowed and the sentence of 21 years’ imprisonment imposed by the learned trial judge set aside. In its stead, the court substituted a sentence of 18 years’ imprisonment at hard labour and…
Brown (Paul) v R.
Posted Friday, 9 April 2021, 10:45 am
This is a renewed application for leave to appeal against sentence only. The application for leave to appeal against both conviction and sentence was refused by the single judge on 14 December 2014. The applicant was…
Barnett (Donovan) v R.
Posted Friday, 9 April 2021, 10:43 am
The appellant was indicted for an offence of murder allegedly committed on 27 March 2003. On 24 May 2013, after a trial in the Home Circuit Court before Straw J (the judge)1 and a jury, he was convicted as charged. After a sentencing hearing…
Supreme Court Cases
Williams, Ileen Oliphant v Williams, Bernard.
Posted Friday, 9 April 2021, 1:00 pm
Matrimonial property – Family home acquired before the marriage by one party – Family home registered in the name of one party – Division of family home – Variation of the equal share rule – The Property (Rights of Spouses) Act sections 6, 7 and 14…
White, Claudette v Mullings, Cyril and Mullings, Eldred.
Posted Friday, 9 April 2021, 12:57 pm
This Judgment is being rendered in respect of the First Defendant’s Application for Court Orders which was filed on 30th March, 2012, as well as in respect of the First and Second Defendants’ Application for Court Orders as filed on 2nd November 2011…
Wallace, Mary (Executor of the estate of Bernitta Brown, deceased) v Brown, Paulette.
Posted Friday, 9 April 2021, 12:56 pm
At the first hearing of this matter the defendant, by way of a notice of application for court orders supported by affidavit, sought the following orders from the court:
Smith, Marcia v McLeary, Dwayne and Morgan, Marlon.
Posted Friday, 9 April 2021, 12:54 pm
This is an assessment of damages against the 2nd defendant. On July 15, 2013 judgment in default of acknowledgement of service was entered against the 2nd defendant. On February 19, 2015 the judgment was
Simms, Aldith v Gordon, Howard.
Posted Friday, 9 April 2021, 12:52 pm
The Claimant is a seventy (70) year old retired nursing assistant having her true place of abode at 138 Main Street, Ocho Rios in the parish of Saint Ann. She is also the proprietor of a plot of land situated at…
Kirpalani, Ritika v Morris, Rowan.
Posted Friday, 9 April 2021, 12:37 pm
The Claimant Ritika Kirpalani, brings this action against the Defendant Rowan Morris in negligence. She seeks to recover damages for personal injuries she claims to have sustained in a motor vehicle accident on or about January 26, 2013. The accident involved…
Hurst, Morain v Radway, Webster.
Posted Friday, 9 April 2021, 12:36 pm
This Assessment of Damages came on for hearing on the 27th September, 2012. On that date all evidence was taken and submissions made. The claimant however sought permission to provide to the court a copy of a further authority on
First Union Financial Company Limited TA Union One Express v Anderson, Aduardo.
Posted Friday, 9 April 2021, 12:28 pm
This judgment concerns the resolution of a dispute surrounding the provision of services and whether the remuneration for same included part ownership of the Claimant company. The issue as to who owned the intellectual property used in its business also…
Christie, Kereen v Turnbull, Ernest.
Posted Friday, 9 April 2021, 12:23 pm
Mr. Obika Gordon instructed by Frater Ennis and Gordon for the Claimant Miss Rochelle McNeil instructed by McNeil and McFarlane for the Defendant Heard: December 17, 18 and 19, 2019 and March 13, 2020.