Civil Procedure – Whether the judgment creditor can seek to enforce the judgment debt owed to it by the judgment debtor by seeking to have the provisional charging order made final in light of the judgment debtor’s having been declared bankrupt – Whether an application for the annulment of a certificate of assignment can be made orally – Whether a certificate of assignment can be annulled on the basis that the conduct on the part of the judgment debtor amounts to an abuse of process – Whether the conduct on the part of the judgment debtor amounts to an abuse of process – Whether the certifi
Matrimonial Property – Claimant’s entitlement to an interest in properties other than family home – Claimant’s monetary and non-monetary contributions toward the acquisition, conservation or improvement of the said properties – Property (Rights of Spouses) Act, sections 13, 14 and 15
Judicial review – Statutory interpretation – Whether the industrial disputes tribunal has the statutory authority to replace more than one member of a three-member division after the hearing of a dispute in relation to which it was constituted has begun and before an award is made – Whether the matter should be remitted to the industrial disputes tribunal for the hearing of the dispute to commence de novo – Labour Relations and Industrial Disputes Act, sections 7, 8(4), 10, 11, 12 and 20, Civil Procedure Rules, 2002, rule 56.16 (2)
Equity – Constructive and resulting trusts – Tenants in common – Whether the claimant is entitled to a greater interest in land than that endorsed on registered title
Matrimonial Property – Claimant’s entitlement to an interest in the family home – Whether claimant’s interest in family home has been extinguished – Property (Rights of Spouses) Act, 2004, section 6, Limitation of Actions Act, 1881, sections 3, 4, 14 and 30
Company Law - Duty of company to file annual returns - Whether non-operational company obligated to file annual returns - Section 121 of the Companies Act
Civil Procedure – Setting aside default judgment – Whether the defendant has a real prospect of successfully defending claim - Rule 13.3 of the Civil Procedure Rules, 2002, (as amended 18 September 2006)
Equity – Whether claimant has an equitable interest in property - Proprietary Estoppel – Whether claimant’s evidence is hearsay evidence – Part 30 of the Civil Procedure Rules 2002