Coley, Shalanda v Smith, Zadia-Kay and Murline L. Coley (Administratrix of the estate of Damian Coley)

Civil procedure – Summary judgment – Interlocutory application for summary judgment – Whether summary judgment ought properly to be granted in favour of the claimant on the claim – Whether summary judgment ought properly to be granted in favour of the ancillary claimant on the ancillary claim – The approach of the court in dealing with an application for summary judgment – Whether the defence to the claim has a reasonable prospect of success – Whether the defence to the ancillary claim has a reasonable prospect of success - Burden – Burden of proof – Standard – Standard of proof.

Land – Joint tenancy – Land held as joint tenants – Severance of joint tenancy – Methods by which a joint tenancy may be severed – Whether the 1st defendant intended to sever the joint tenancy – Whether there is sufficient evidence which demonstrates an intention to sever the joint tenancy on the part of the 1st defendant – Whether there was an agreed intention between joint tenants to sever the joint tenancy.

Specific performance – Part performance – Whether there are sufficient acts of part performance which are unequivocally connected to the land such as to demonstrate an intention to sever the joint tenancy – Whether the death of a joint tenant negates the agreed intention to sever the joint tenancy.

Equity – Availability of an equitable remedy – Civil Procedure Rules, 2002, as amended, rule 15.2.