Pension scheme interpretation of rules of pension scheme - Whether words
“with each child not receiving more than 25%” applies when there is only one child - Delay in payment - Whether trustee liable to pay compensation.
Application for directions - Liberty to apply – Companies Act - Unfair prejudice claim- Costs order - Whether 2nd Defendant company to pay for expert forensic audit report and valuation – Whether Claimants to share costs - Whether costs to follow the event.
Application for stay of execution pending appeal – Application for removal of caveat - Application to strike out claim – Whether issue estoppel or res judicata – Judge reached age of retirement prior to delivery of judgment- Whether real prospect of success on appeal- Stare decisis - Whether Supreme Court bound by decision of court of appeal- Whether real risk of injustice if stay refused.
Presumption that joint equitable ownership flows from joint legal ownership – Rebuttal of presumption a heavy burden but can be displaced by showing a different common intention – Common intention to be deduced objectively from parties words and conduct – The court should consider what is fair having regard to the whole course of dealing between the parties in instances where the intended shares are uncertain – Factors to consider in determining common intention include financial contribution and the purpose for which the property was acquired – Occupation rent – Central consideration is fo
Contract - Breach of Contract - Agent’s failure to pay sum due under a contract
Evidence - Whether sufficient evidence of the integrity of the system which is being relied upon to establish debt
Defamation - Whether sufficient evidence adduced on counterclaim
Civil Procedure - Joinder of party – Whether mortgagee should be joined on an application to restrain the registrar of lands from registering an order foreclosure.
Statutory Interpretation – Whether there is a requirement under section 119 of the Registration of Titles Act for a caveator claiming a beneficial interest to be served with a notice of intention to make an application for foreclosure – Whether there is a requirement for such a notice if the caveat is based on a beneficial interest awarded by the court.
Civil Practice and Procedure - Oral application to strike out claimant’s statement of case for breach of order of the Court - Rule 26.3 (1) (a) of the Civil Procedure Rules - The Property (Rights of Spouses) Act - Extension of time not sought or granted before the claim was filed - Validity of the claim.
Civil Practice and ProcedureNotice of Application to set aside Default Judgment - Rule 13. 3 of the Civil Procedure Rules - Principles to be applied in setting aside a Default Judgment.