Division of [matrimonial property] - Family home – Whether property falls within the definition of the family home – Other property – Whether court can treat with claim as if made for division of property other than the family home – Relevant considerations. Property (Right of Spouses) Act sections 2,13 and 14.
Tort - Malicious prosecution -Whether claimant proved damage - Claimant identified while in holding area - Whether reasonable and probable cause to prosecute - False imprisonmnet - Whether initial arrest lawful - Claimant taken before court several days after being charged - Whether detention unduly long and unexplained - Assault - Claimant not cross-examined - Effect of failure to cross-examine.
Adverse Possession – whether defendant’s title to part of her land was extinguished – whether there were sufficient unequivocal acts of ownership by the claimant – Registration of Titles Act
Adverse possession – Whether defendant’s title to part of her land was extinguished – Whether there were sufficient unequivocal acts of ownership by the claimant – Registration of Titles Act.
Malicious prosecution - Operating a motor vehicle without a road licence - Whether reasonable and probable cause – Detinue - Motor vehicle impounded up to trial of claim - Vehicle ordered released by Resident Magistrate - Written demand for release of motor vehicle after dismissal of case.
Family Law - Division of property – Equal share rule- Family home acquired before marriage - Other matrimonial property - Division of properties registered post separation - Entitlement to company shares. Property (Rights of Spouses) Act S. 6 (1) (a), 7 (1), 10, 14 (4) & 15.
Judicial Review - Application for order of certiorari - Whether Industrial DisputesTribunal erred in ordering re-instatement of dismissed worker - Natural justice - Whether disciplinary procedure adopted by employer was fair.
Damages - Appropriate award for injuries sustained – Claimant sustained injuries to his cervical spine and lumbar spine resulting from a motor vehicular accident – Pre-existing injury to lumbar spine
Employment Law - Wrongful dismissal – Claimant's employment terminated without notice - Salary in lieu of notice tendered - Whether contract of employment terminated in breach of its terms.
