Breach of contract - Oral Agreement - Credibility of Claimant

Contract - ostensible loan contract - whether enforceable - public policy -

. award of costs.

The court finds it more than a little unpalatable to adjudicate upon a .

document the product of the devil's draftsman. The veneer of.

.moneylending jargon which clads the agreements is as efficacious as.

Adam's fig leaf.

The enforcement of these contracts would be the inexorable, if unwitthg, .

legitimization of what was prima facie an AIS. The pernicious socioeconomic

Malicious prosecution; seizure of motor vehicle; whether done with

reasonable and probable cause; solicitation; whether amounts to

malice.

Although the court is notoriously slow to exercise its power to strike out a

statement of case, where the pleaded defence allege the claims to be statute barred,

in the absence of a reply averring an exception to the operation of the statute/ the

court, in giving effect to the overridng objective of the CPR, will be constraimd to

strike out the statement of case.

Tortious damage to property; credibility; assessment of damages; betterment.

When the incredulity of ,the defendants is juxtaposed with the credibility of

. .the claimants, the aphorism, "truth press down is like oil poured in water, it

: rises to the top," comes into sharp focus. The court is constrained not to look

askance at the manifest truth of the claim. Accordingly, the claim is found

proved on a balance of probabilities.

Banker - Customer relationship - Negligence - CPR R. 29 visa a viz evidence on behalf of a bank - Evidence Act part II,- Banking Act fourth schedule.

Application for interlocutory injunction - Statutory  mortgagee seeks to restrain institutional mortgagee - Whether exercise of power of sale should be postpones to the grant of approval by statutory mortgagee - Aqequacy of damages - Delay and acquiescence.

Employer and employee - Crush injury involving locomotive - Employers common law duty of care - Contributory negligence - Safe system of work - Duty to provide protective equipment.