2020

LAND LAW - Partition Act - Application for sale of property - Joint Tenants-Presumption of Trust

Negligence and/or Breach of Statutory Duty – Whether Claimant was an independent contractor – Employer’s Liability – Volenti non fit injuria – Contributory negligence
Damages – Assessment – Personal injury – Loss of earning capacity – Loss of earnings – Future medical expenses

Judicial Review – Minister’s approval for post and audit exercise – Whether audit process fair and reasonable – Natural Justice – Legitimate Expectation – Certiorari – Mandamus

Application for Striking Out – Relevant Considerations and Guidelines- Summary Judgment – Ex turpi causa non oritur actio – Should Court enforce an illegal contract – Is illegality of a contract a bar to seeking redress

Application for Extension of time to file Defence – Application for Summary Judgment

Company Law – Application for Interlocutory Injunction – Sections 213A (2) (a), (b) and (c) of the Companies Act – Appointment of directors - Appointment of managing director - Whether power of shareholder owning 100% of the shares is to be restrained - Negotiations ongoing with bond holders-Whether appointments unfair or prejudicial - Whether issue for tria l - Whether damages adequate remedy - Whether just in all the circumstances.

The Hague Convention on the Civil Aspects of International Child Abduction 1980-Articles 3, 11, 12, &13 - The Children (Guardianship and Custody) Amendment Act - Habitual Residence - Grave risk - Discretion after one year - Abridgement of time - Civil Procedure Rules - Rule 27. 2(4).

Freezing Order - Good arguable case - Real risk of party dissipating assets - Where there is hardship on the defendant his legitimate interests must prevail over that of
the claimant - Court’s objective is to obtain just results - Serious issue to be tried - Adequacy of damages - Balance of convenience- Accounting by Executor - Court must not act in vain

Civil Procedure - Application to set aside default judgment and file defence out of
time CPR 13.3 and CPR 10.3(9)

Criminal law – Gun Court – Sentence - Illegal possession of firearm - Illegal possession of ammunition