Evidence – Civil Practice – Application to strike out portions of Witness Statements– Hearsay Rules – Whether any relevant exceptions – Relevance-Role of statement of case - Whether condition for service of Notice of Intention to Rely satisfied by service of witness statement.
Companies Act – Application for permission to bring derivative action – Whether Respondent has a cause of action related to the government’s breach of a Memorandum of Understanding - Whether section 212 notice to directors adequate - Whether shareholders and/or “the secretariat” are valid intended defendants to the intended derivative action - Whether intended claim is in the interest of the company.
Application for sale of land – Whether basis to refuse application - Hardship - Non disclosure of existing creditors – Whether jurisdiction to order sale and jurisdiction to make charging order separate and distinct - Whether Order to be suspended.
Insolvency – Application to Appoint Receiver – Judgment creditors unpaid – Whether Respondent “ceases to meet liabilities generally as they become due” – Whether act of bankruptcy occurred within 6 months immediately preceding filing of claim - Whether continuing act of bankruptcy – Whether claim form properly constituted – Whether Applicant in liquidation at time claim filed – Whether claim therefore null and void and to be struck out- Interim Receiver’s report – Whether evidence of fraudulent preference – Whether court to act at this stage.
Fraud - Registration of Titles Act - Whether Title obtained by fraud – Whether land sold to Defendant prior to owner’s death - Whether fraudulent declarations made -Whether copy receipt authentic.
Application by Defendant to prevent attorney at law acting for the Claimant – Attorney at law acted for husband and wife in purchase of property - Husband now deceased - Wife challenging husband’s will which gifts 60% of the property to Claimant – Attorney’s office drafted alleged will - Attorney acting for Claimant in her claim to an interest in the property-Claim relies on husband’s alleged promises and declarations as well as on the alleged will - Whether attorney possessed of confidential information.
Contempt of Court – Rule 53.10 - Whether Defendant served with Order bearing penal notice – Whether Defendant was present when injunctive order made - Whether Defendant in breach of order - Costs - Whether court’s displeasure with Defendant’s conduct may be reflected in an order for costs.
Application for Interlocutory Injunction – Whether arguable claim with real prospect of success - Whether Claimant entitled to 60 percent share of property – Whether Will valid - Proprietary and/or equitable estoppel - Whether promise made in deceased’s lifetime can bind estate - Whether damages an adequate remedy - Justice of the case.
