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Joiles, Barbara and Vallin Joiles v The Attorney General of Jamaica

Court: 
Supreme Court
Subject: 
Emergency Power, Tort, Damages
Catchwords: 

Emergency Powers Act and Emergency Powers Regulations May and June 2010-Civil Practice and Procedure-Nullity-Whether Suit as originally filed is a nullity for failure to allege that the Security forces did not act in good faith.

Emergency Powers Act and Emergency Powers Regulations May and June 2010-Whether or not the Supreme Court has jurisdiction in Claims in Tort where the injuries are covered by the compensation scheme in the Emergency Powers Regulations.

Emergency Powers Act and Emergency Powers Regulations May and June 2010-Whether or not the Claim Breach of Statutory Duty was statute-barred-Whether or not there is a claim for breach of Statutory Duty to "Act in Good Faith" as Pleaded.

Tort-Conversion-Whether or not the Claimant's claim for Conversion was proven

Tort-Trespass to Property-Whether or not the Claimant's claim for Trespass to property was proven

Emergency Powers Act-Section 3(1), (2), (4), (5) and (6)

Emergency Powers Regulations May 23, 2010-Regulations 44, 45, and Articles 6 and 10 of the Schedule to the Regulations.

Damages-Assessment of Damages-Quantum of Damages-Whether or not the Claimant has established their claim to the sums claimed.

Document Type:

Year: 
2026
Suit/Claim number: 
2016 HCV 02133
Neutral Citation: 
[2026] JMSC Civ 09
Judge(s): 
Staple J