2018

Res judicata, - Ambit of the doctrine, degree of understanding to execute will and power of attorney.

The Evidence (Special Measures) Act 2012 – The Evidence (Special Measures)
(Criminal Jurisdiction) (Judicature) (Supreme Court) Rules 2016 – Prosecution’s
application for a witness to give evidence by live link – Appropriate circumstances
for use of special measure of live link – Witness said to be vulnerable but no
allegation of actual threat – Right of accused to a fair trial – Credibility significant
issue – Whether grant of application prejudicial to Defendants – Overall interests
of the administration of justice

Division of property on death of sole owner -  Section 6(2) The Property (Rights of Spouses) Act.

Damages – Assessment of - Application for claim to be struck out - Whether minimum wage to be utilised to calculate handicap on the labour market.

Civil practice and procedure – Application to register foreign judgment – Judgment registered by the local court not the correct judgment of the foreign court – Omission in judgment corrected by the foreign court prior to application to register in the local court – Authenticated copy of judgment presented to local court for registration without a copy of the order of amendment – Defendant not applying to set aside the registration of the foreign judgment in the time competent for him to do so – No extension of the time to apply to set aside was applied for or granted within the time compet

Application for Pecuniary penalty order- Proceeds of Crime Act Sections 2,5,6,7 and 8 - Standard of proof – Hearsay – Fresh evidence- Burden of proof

Wri of seizure and sale - Application for stay - Appeal against issue of writ of seizure and sale for a default costs certificate - Whether Civil Procedure Rules require execution of a money judgment - Whether defendant entitled to 14 days after default costs certificate is issued - PRO Rules 46.4(1) and 65.12(b) - Whether risk of injustice.

Negligence – Duty of care owed by statutory body -  Exception to whom duty of care is owed; Criminal activity vitiate duty of care - Variance between pleadings and evidence.

Insolvency - Companis Act section 93 - Commencement date of winding up - Mortgages - Failure to register charges with Registrar of Companies - Whether mortgagees are secured creditors - Whether winding up commences with ertificate of Assignment under Insolvency Act - Whetehr category 3 or 4 creditors.

Amendment sought by claimants after initial closing submissions – Facts on which amendment based already known – Defendant not caught by surprise – Principles that should guide court in determining application – Scope of powers in the Registration of Titles Act (ROTA) to correct “errors” – S.