Re Cashman Lands

• Jurisdiction: Jamaica
• Judge: (Clarke, C.J., Beard and Cargill, JJ.)
• Judgment Date: 01 January 1952
• Court: Supreme Court (Jamaica)
• Date: 01 January 1952

Supreme Court of Jamaica

(Clarke, C.J., Beard and Cargill, JJ.)

RE CASHMAN LANDS

Tort-nuisance-abatement

An application to the Grand Court under the Public Health Law, 1899, s.44 to sell land to satisfy unpaid charges for the abatement of a nuisance, notice having been given to the owner of the intention to make the application, may properly be made ex parte but as a matter of convenience the owner should be given an opportunity to be heard in opposition to the application.

In the absence of a judge specially or generally appointed, the Commissioner is, by virtue of the Cayman Islands Commissioners Law, 1898, s.3, entitled to sit as a Judge of the Grand Court either in authorized session or in chambers. Under that Law, he has all the rights, privileges, authority and jurisdiction vested in the Custos, including...