2020

Application for leave to apply for judicial review – Whether recommendations are amenable to judicial review - Administrative orders.

Civil procedure and practice - Application for security for costs – Companies Act, section 388 – Civil Procedure Rules, 2002, rule 24.2

Application for Extension of Time to File Defence – Whether delay is inordinate – Is there a good reason for the delay – Whether there is an arguable case – Rules 10.3(a) and 26.1(2)(c) of the Civil Procedure Rules (CPR) 2006 (as amended).

Whether the provisions of the Property Rights of Spouses Act are applicable – Whether the disputed property is the family home – Whether provisions of section 14(2) of the PROSA relevant – Whether the principles of constructive and/or resulting trust are applicable.

Application to  amend statement of case – Rule 20.4 of the Civil Procedure Rule (CPR) -  Whether the Statement of Case can be amended after the limitation period.

Compulsory Land Acquisition – Compensation and Interest paid – Owner of land aggrieved – Reference by the Commissioner of Lands – Land Acquisition Act

Rule 13.3 of the Civil Procedure Rule as amended (2006) – Application to set aside Default Judgment – Whether the 2nd Defendant has a real prospect of defending the case – Delay in making the application –whether there is a good reason for failing to file an Acknowledgment of Service

Application to Set Aside Default Judgment – Rule 13.3 of the Civil Procedure Rules (CPR) as amended [2006] Failure to file Defence in time – Whether inordinate to make Application to Set Aside Default Judgment – Realistic Prospect of Success

The Property Rights of Spouses Act - Application for declaration of half interest in the family home - Variation of statutory equal share rule - Whether section 7 factor exists to displace 50/50 presumption.

Civil procedure – Claim form filed close to the expiration of limitation period –
Application to extend the validity of the claim form filed within life of the claim form
– Whether it is appropriate to extend validity of the claim form after claim became
time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amended.